Shyamlal vs State Of Kerala
2021 Latest Caselaw 22200 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                  THE HONOURABLE MRS. JUSTICE M.R.ANITHA
         FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                           CRL.MC NO. 3494 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CC 1541/2016 OF JUDICIAL MAGISTRATE OF
  FIRST CLASS -II,ATTINGAL, THIRUVANANTHAPURAM IN CRIME NO 1055/2016 OF
                       MANAGALAPURAM POLICE STATION.
PETITIONERS/ACCUSED 1-3:

     1       SHYAMLAL
             AGED 39 YEARS
             S/O.SASI, B.S.BHAVAN VEEDU, VEYILOOR VILLAGE,
             CHEMPAKAMANGALAM DESOM, ATTINGAL, THIRUVANANTHAPURAM.

     2       BABY
             AGED 59 YEARS
             D/O.CHELLAMMA, B.S.BHAVAN VEEDU, VEYILOOR VILLAGE,
             CHEMPAKAMANGALAM DESOM, ATTINGAL, THIRUVANANTHAPURAM.

     3       SHYAMA
             AGED 32 YEARS
             D/O.BABY, B.S.BHAVAN VEEDU, VEYILOOR VILLAGE,
             CHEMPAKAMANGALAM DESOM, ATTINGAL, THIRUVANANTHAPURAM.

             BY ADVS.
             G.RANJU MOHAN
             M.SANTHI (K/868/2011)


RESPONDENTS/COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM.

     2       ANUPRIYA V.M
             AGED 34 YEARS
             D/O.MANOHARAN P., RESIDING AT VASANTHA BHAVAN,
             INCHIPULLUVILA, MULLUVILA, ATHIYANNOOR VILLAGE, THIRUPURAM,
             MULLUVILA, NEYYATTINKARA, TRIVANDRUM - 695 123.

             BY ADV C.P.SABARI


             PP.SRI RENJIT GEORGE,SR.GP


     THIS   CRIMINAL   MISC.     CASE   HAVING   COME   UP   FOR   ADMISSION   ON
05.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO. 3494 OF 2021
                                           2

                                        ORDER

This Crl.M.C has been filed seeking to quash further

proceedings in Crime No. 1055/2016 of Mangalapuram Police Station

in C.C. No. 1541/2016 on the file of Judicial First Class Magistrate

Court-II, Attingal.

2. 1st petitioner is the husband of the defacto complainant

and 2nd and 3rd petitioners are in laws of the defacto complainant. It is

alleged that, after the marriage of the defacto complainant with the 1 st

petitioner, she was subjected to mental and physical torture

demanding more dowry and thereby accused alleged to have

committed the offence punishable under Sections 498A and 34 of

IPC.

3. Adv. C.P. Sabari appeared on behalf of the defacto

complainant. The entire matrimonial issues between the petitioners and

the defacto complainant have been amicably settled. Annexure A1 is the

certified copy of the final report, Annexure A2 is the affidavit duly sown

in by the 2nd respondent and Annexure A3 is the copy of the agreement

executed between the parties.

4. The learned Public Prosecutor produced report of the the

Sub Inspector of Police, Mangalapuram Police Station along with the

the statement taken over mobile phone of the defacto complainant. The Crl.M.C. NO. 3494 OF 2021

copy of the agreement produced from the side of the petitioners and the

affidavit duly sworn in by the defacto complainant as well as the

statement taken over phone recorded by the Station House Officer

would reveal that the entire issues between the petitioners and the

defacto complainant have been amicably settled out of court. They are

now living separately.

5. The issues between the petitioners and the defacto

complainant are purely private in nature and no public interest is

involved. Since the entire issues between the petitioners and defacto

complainant have been amicably settled, the continuation of further

proceedings against the petitioners will be an abuse of process of court..

In the said circumstances, the entire proceeding in Crime No. 1055/2016

of Mangalapuram Police Station pending as C.C. No. 1541/2016 on the

file of Judicial First Class Magistrate Court-II, Attingal is here by

quashed.

In the result, this Crl.M.C. stands allowed.

SD/-

M.R.ANITHA JUDGE rps/ Crl.M.C. NO. 3494 OF 2021

APPENDIX OF CRL.MC 3494/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY F THE FINAL REPORT DATED 28/09/2016 IN CRIME NO.1055 OF 2016 OF MANGALAPURAM POLICE STATION.

Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Annexure A3 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT.