Sandeep vs Sreedevi
2021 Latest Caselaw 22436 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE M.R.ANITHA
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                     CRL.MC NO. 5785 OF 2020
AGAINST THE ORDER/JUDGMENT IN CC 9/2019 OF JUDICIAL MAGISTRATE OF
              FIRST CLASS ,VADAKKANCHERRY, THRISSUR
PETITIONERS/ACCUSED NOS. 1 TO 3:

    1     SANDEEP
          AGED 34 YEARS
          S/O. VISWAMBHARAN, ERAKKATHU VEEDU,
          PARLIKKAD,WADAKKANCHERRY, THRISSUR

    2     VISWAMBHARAN
          AGED 68 YEARS
          S/O. VELU, ERAKKATHU VEEDU, PARLIKKAD,WADAKKANCHERRY,
          THRISSUR

    3     PADMAVATHY,
          AGED 64 YEARS
          W/O. VISWAMBHARAN, ERAKKATHU VEEDU,
          PARLIKKAD,WADAKKANCHERRY, THRISSUR

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

    1     SREEDEVI
          AGED 27 YEARS
          D/O.CHANDRAN, NARIYAMPULLI VEEDU, POOKODE VILLAGE,
          KAVEED, THRISSUR-680 505

    2     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM-682 031

          BY ADV UNNI SEBASTIAN KAPPEN


          PP SANGEETHARAJ.N.R


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO. 5785 OF 2020
                                               2

                                          ORDER

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

proceedings against the petitioners in C.C. No. 9/2019 on the file of

Judicial First Class Magistrate Court, Wadakkancherry, registered for

the offence punishable under Sections 323, 498A r/w 34 of I.P.C.

2. The petitioner is the husband of the defacto

complainant/1st respondent and other petitioners are in laws of the 1 st

respondent.

3. Adv. Unnisebastian appeared on behalf of the defacto

complainant.

4. The learned Public Prosecutor filed report of the Station

House Officer, Rajapuram Police Station along with the copy of the

signed statement of the defacto complainant.Annexure A is the

certified copy of the final report in Crime No. 573/2018. Annexure B

is the affidavit duly sworn in by the 1st respondent.

5. It has come out from the affidavit as well as her statement

given to the Station House Officer that the entire issues between the

petitioners and the defacto complainant have been amicably settled out

of court. She has no further grievances against the petitioners. It is

reported by the learned counsel for the petitioners that the matrimonial

relationship between the 1st petitioner and the defacto complainant was Crl.M.C. NO. 5785 OF 2020

separated by a decree of divorce.

It has come out that the entire matrimonial issues between the

petitioners and the defacto complainant have been amicably settled.

The entire issues between the parties are purely private in nature and no

public interest is involved. Since all disputes between them have been

settled out of court, the continuation of proceedings against the

petitioners will be an abuse of process of court. In the said

circumstances, the entire further proceedings against the petitioners in

in C.C. No. 9/2019 on the file of Judicial First Class Magistrate Court,

Wadakkancherry is hereby quashed.

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

SD/-

M.R.ANITHA JUDGE rps/ Crl.M.C. NO. 5785 OF 2020

APPENDIX OF CRL.MC 5785/2020

PETITIONER ANNEXURE

ANNEXURE-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO573 OF 2018 OF WADAKKANCHERRY POLICE STATION, THRISSUR WHICH IS NOW PENDING AS CC NO.9/2019 ON THE FILE OF THE COURT OF JUDICIAL FIRST -CLASS MAGISTRATE, WADAKKANCHERRY

ANNEXURE-B THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT