Kerala High Court
Arun Lal vs State Of Kerala on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CRL.MC NO. 990 OF 2023
CRIME NO.1344/2022 OF FORT POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS.1 TO 3:
1 ARUN LAL
AGED 30 YEARS
S/O. SANTHI NILAYAM, TC 50/1309(1),
MARUTHOORKADAV, KALADY, KARAMANA,
THIRUVANANTHAPUAM, PIN - 695002
2 K. UNNI
AGED 62 YEARS
S/O. KRISHNAN,
SANTHI NILAYAM, TC 50/1309(1),
MARUTHOORKADAV, KALADY, KARAMANA,
THIRUVANANTHAPUAM, PIN - 695002
3 SARMILA DEVI
AGED 53 YEARS
W/O. K UNNI, SANTHI NILAYAM,
TC 50/1309(1), MARUTHOORKADAV,
KALADY, KARAMANA,
THIRUVANANTHAPUAM,
PIN - 695002
BY ADV SASTHAMANGALAM S. AJITHKUMAR
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 RESHMI P
AGED 28 YEARS
D/O. T.K. PRASANNAKUMARI,
VAYALIL VEEDU, T.C. 48/596(4),
KOTTAPPURAM, AMBALATHARA, MANCAUD,
THIRUVANANTHAPURAM, PIN - 695009
CRL.MC NO. 990 OF 2023
2
BY ADVS.
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
SEKHAR G. THAMPI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 990 OF 2023
3
ORDER
Dated this the 20th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to
quash all further proceedings in Annexure 1 FIR in Crime
No.1344/2022 of Fort Police Station, Thiruvananthapuram.
The petitioners herein are accused Nos.1 to 3 in the above
case.
2. Heard the learned counsel for the petitioners, the
learned counsel appearing for the de facto complainant and
the learned Public Prosecutor.
3. In this matter, offence punishable under Section
498A read with Section 34 of IPC is alleged to have been
committed by the accused. The complainant is none other
than the wife of the 1st accused.
4. It is submitted that the matter has been amicably
settled and the de facto complainant filed affidavit in this
CRL.MC NO. 990 OF 2023
regard in a case involving matrimonial dispute.
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and fresh
statement of the de facto complainant to that effect has been
recorded.
6. Since the dispute has been settled in between
husband and wife, there is no reason to disallow the prayer
for quashment, so as to facilitate peaceful living of the parties
hereinafter. Therefore, in the interest of justice, I am inclined
to allow this petition.
In the result, this petition stands allowed. All further
proceedings in Annexure 1 FIR in Crime No.1344/2022 of
Fort Police Station, Thiruvananthapuram, against the
petitioner stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
CRL.MC NO. 990 OF 2023
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF FIR IN CRIME
NO.1344 /2022 OF FORT POLICE STATION,
THIRUVANANTHAPURAM DISTRICT U/S.498 A
AND 34 IPC PENDING ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT
II, THIRUVANANTHAPURAM
Annexure 2 THE TRUE COPY OF MEDIATION REPORT
DATED 9/1/2022 IN CRL.M.C. 2007/2022
ADDITIONAL DISTRICT AND SESSIONS
COURT-VI, THIURVANANTHAPURAM
Annexure 3 THE COMPROMISE AFFIDAVIT SWORN BY THE
2ND RESPONDENT DATED 28/1/2023
Annexure 4 THE TRUE COPY OF JUDGMENT IN O.P.
NO.222/2023 OF FAMILY COURT,
THIRUVANANTHAPURAM DATED 26/07/2023
Annexure 5 THE TRUE COPY OF RECEIPT SHOWING GOLD
ORNAMENTS OTHER ARTICLES GIVEN TO THE
2ND RESPONDENT
Annexure A5 (a) THE TRUE COPY OF CASH RECEIPT FOR
RS.15,00,000 (RUPEES FIFTEEN LAKHS)
RESPONDENTS ANNEXURES : NIL
