Kerala High Court
Aswin Sreeram vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
CRL.MC NO. 3012 OF 2023
CRIME NO.215/2022 OF KAKKUR POLICE STATION, KOZHIKODE
CC NO.690 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-III,KOZHIKODE
PETITIONERS/ACCUSED PERSONS:
1 ASWIN SREERAM
AGED 31 YEARS
S/O DR. SREERAMA KUMAR R, 4A,
SI GLENDALE POINT EAST,
NEAR FATHIMA HOSPITAL, KOZHIKODE-673001
NOW RESIDING AT C/O SHIHAB K S
KUMMAMKANDATH (H), KAZHIMBRAM P.O,
VALAPPAD, PIN - 680567
2 BINI K K
AGED 49 YEARS
W/O SUNIL, PRASANTH (H)
PADAVANCHERI PARAMB, THIRUVANNUR (PO),
PIN - 673029
3 BINDHU
AGED 52 YEARS
W/O DR. SREERAMA KUMAR R, 4A,
SI GLENDALE POINT EAST, NEAR FATHIMA HOSPITAL,
KOZHIKODE, PIN - 673001
4 THANKAMANI
AGED 72 YEARS W/O SATHIACHANDRAN,
PULLARAYIL PARAMBU, ODUMBRA,
OLAVANNA P.O, PIN - 673019
BY ADVS.
JOHNSON JOSE PANJIKKARAN
T.R.JERRY SEBASTIAN
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
CRL.MC NO. 3012 OF 2023
2
2 APARNA RAMESH
D/O RAMESH BABU KEDARAM HOUSE,
CHEEKILODE P.O, KOZHIKODE, PIN - 673315
SRI.RENJITH GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 3012 OF 2023
3
ORDER
Dated this the 4th day of April, 2024
This criminal miscellaneous case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to
quash Annexure A5 FIR, Annexure A6 Final Report and all
further proceedings against the petitioners in
C.C.No.690/2022 on the files of the Judicial First Class
Magistrate Court-III, Kozhikode, arose out of crime
No.215/2022 of Kakkoor Police Station. Petitioners herein
are accused in the above case.
2. Heard the learned counsel for the petitioners, the
learned counsel for the defacto complainant as well as the
learned Public Prosecutor in detail. Perused the relevant
documents.
3. In this matter, offences punishable under Section
498A of IPC is involved and the complainant is none other
than the wife of the 1st petitioner.
CRL.MC NO. 3012 OF 2023
4. Annexure A7 is the mediation agreement entered
into between the 1st petitioner and the complainant and the
matrimonial disputes have been settled amicably, as borne out
from the terms of the agreement. Annexure A8 would go to
show that Rs.10,00,000/- vide DD also given in the name of the
complainant.
5. Since the matrimonial disputes have been settled by
mediation, the prayer for quashment of the criminal
proceedings is essential in the interest of justice. Therefore, I
am inclined to allow this petition.
In the result, this petition stands allowed. Annexure A5
FIR, Annexure A6 Final Report and all further proceedings
against the petitioners in C.C.No.690/2022 on the files of the
Judicial First Class Magistrate Court-III, Kozhikode, arose out
of crime No.215/2022 of Kakkoor police station, stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
CRL.MC NO. 3012 OF 2023
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF COMPROMISE
AGREEMENT DATED 11.8.2021 BETWEEN 1ST
PETITIONER AND 2ND RESPONDENT
ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN OP 1147
OF 2021 BEFORE HON'BLE FAMILY COURT,
KOZHIKODE DATED 29.4.2022
ANNEXURE A3 TRUE COPY OF OP 1605 OF 2022 BEFORE
HON'BLE FAMILY COURT, THRISSUR
ANNEXURE A4 TRUE COPY OF COMPLAINT GIVEN BY 2ND
RESPONDENT DATED 18.7.2022 BEFORE
KAKKOOR POLICE STATION
ANNEXURE A5 CERTIFIED COPY OF FIR IN CRIME NO.
215/2022 OF KAKKOOR POLICE STATION
ANNEXURE A6 CERTIFIED COPY OF FINAL REPORT IN
CRIME NO. 215/2022 OF KAKKOOR POLICE
STATION
ANNEXURE A7 CERTIFIED COPY OF MEDIATION AGREEMENT
IN M.C NO. 60 OF 2022 OF THE JFCM
COURT-III, KOZHIKODE DATED NIL
ANNEXURE A8 TRUE COPY OF THE DEMAND DRAFT BEARING
NO. 500160 DATED 15.01.2024
ANNEXURE A9 THE NOTARISED AFFIDAVIT OF THE 2ND
RESPONDENT DEFACTO COMPLAINANT DATED
23.2.2024
RESPONDENT ANNEXURES : NIL
