Sumod vs State Of Kerala
2021 Latest Caselaw 21354 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE M.R.ANITHA
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      CRL.MC NO. 4788 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRLMC 1860/2021 OF DISTRICT COURT &
 SESSIONS COURT,TRIVANDRUM IN CRIME NO. 1282/2021 OF THIRUVALLAM
                            POLICE STATION.
PETITIONER/ACCUSED:

          SUMOD
          AGED 34 YEARS
          S/O UNNUNNI,
          RESIDING AT HIDAYATH NAGAR, MAYFIRE APARTMENT,
          VANDITHADAM, THIRUVALLAM, THIRUVANANTHAPURAM.

          BY ADVS.
          AMALA.J.RAJ
          BALAMURALI K.P.
          S.GOKUL BABU
          JEREES J.


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, KOCHI-682031.

    2     STATION HOUSE OFFICER
          THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM, PIN-
          695027.

    3     CHICHU PAULOSE
          AGED 26 YEARS
          W/O SUMOD,
          RESIDING AT HIDAYATH NAGAR, MAYFIRE APARTMENT,
          VANDITHADAM, THIRUVALLAM, THIRUVANANTHAPURAM, PIN-
          695027.

          BY ADV RAJU GEORGE (KARUVATTA)


          PP SRI.RENJIT GERGE,SR PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO. 4788 OF 2021
                                           2

                                        ORDER

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

proceedings against the petitioner in Crime No. 1282/2021 of

Thiruvallam Police Station, which has been registered alleging

offence punishable under Section 498 A of IPC. The petitioner is the

sole accused in the above crime.

2. Petitioner is the husband of the 3rd respondent. Their

marriage was solemnized on 04.06.2016 at Chengamanad Aroma

Auditorium. It is alleged that, after the marriage, while they were

residing together in the matrimonial home, she has been subjected to

physical and mental torture by the petitioner demanding more dowry

and thereby the accused alleged to have committed the

aforementioned offence.

3. Adv. Raju George appeared on behalf of the defacto

complainant and he reported about the settlement arrived at between

the parties. Annexure-A1 is the certified copy of FIR. Annexure-A2

is the coy of the order dated 26.08.2021 in Crl.M.C No. 1860/2021

granted in favour of the petitioner. Annexure-A3 is the affidavit

sworn in by the 3rd respondent.

4. The learned Public Prosecutor produced copy of the statement

of the Station House Officer, Thiruvallam Police Station along with the Crl.M.C. NO. 4788 OF 2021

copy of the statement of the defacto complainant. Affidavit and the

Statement of the defacto complainant would reveal that the entire

issues between the petitioner and the defacto complainant have been

amicably settled out of court. And now they are living peacefully with

their 2 ½ year old baby. She also stated that she has no interest to

prosecute the case against the petitioner.

5. The entire matrimonial issues between the petitioner and

the defacto complainant have been amicably settled out of court. Since

all the issues between the parties have been amicably settled, the

continuation of proceedings against the petitioner will be an abuse of

process of court. In the said circumstances, the entire further

proceedings against the petitioner in Crime No. 1282/2021 of

Thiruvallam Police Station is hereby quashed.

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

Sd/-

M.R.ANITHA JUDGE rps/ Crl.M.C. NO. 4788 OF 2021

APPENDIX OF CRL.MC 4788/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO. 1282/2021 OF THIRUVALLAM POLICE STATION.

Annexure A2 TRUE COPY OF THE ORDER DATED 26.08.2021 IN CRL MC NO.1860/2021 PASSED BY THE SESSIONS COURT, THIRUVANANTHAPURAM IN CRL MC NO.1860/2021.

Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT BEFORE NOTARY PUBLIC EXPRESSING HER DESIRE AND CONSENT TO WITHDRAWN THE PROSECUTION CASE.