Kerala High Court
Umesh vs State Of Kerala on 25 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 9321 OF 2019
2024:KER:79726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.MC NO. 9321 OF 2019
CRIME NO.337/2013 OF Valanchery Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.406 OF 2014
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONER/S:
1 UMESH,
AGED 33 YEARS
S/O. UNNIKRISHNAN, VELLITHODIYIL, HOUSE KARTHALA,
CHUNGAM, VALANCHERY, MALAPPURAM DISTRICT.
2 LALITHA,
AGED 53 YEARS
W/O. UNNIKRISHNAN, VELLITHODIYIL HOUSE KARTHALA,
CHUNGAM, VALANCHERY, MALAPPURAM DISTRICT.
3 UNNIKRISHNAN,
AGED 61 YEARS
S/O.KUNJUNNY, VELLITHODIYIL, HOUSE KARTHALA,
CHUNGAM, VALANCHERY, MALAPPURAM DISTRICT.
4 NISHA,
AGED 31 YEARS
W/O. SUMESH, THAZHEPADIKKAL CHEMPEETTIL HOUSE,
NEYYUR P.O. FAROOK, KOZHIKKODE DISTRICT.
5 SUMESH,
AGED 38 YEARS
S/O. PURUSHOTHAMAN, THAZHEPADIKKAL CHEMPEETTIL
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HOUSE, NEYYUR P.O. FAROOK, KOZHIKKODE.
6 PURUSHOTHAMAN,
AGED 68 YEARS
S/O. SANKARAN, THAZHEPADIKKAL CHEMPEETTIL HOUSE,
NEYYUR P.O. FAROOK, KOZHIKKODE.
BY ADVS.
M.ANIL KUMAR
SMT.PREETHI K.PURUSHOTHAMAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM 682 031.
2 VIJI
AGED 28 YEARS
D/O, GOPI, THOZHUKKAATT HOUSE, KOTTAYIL ROAD,
KUNNAMKULAM, THRISSUR DISTRICT-680503
OTHER PRESENT:
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 9321 OF 2019
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P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 9321 of 2018
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Dated this the 25th day of October, 2024
ORDER
This Criminal Miscellaneous case is filed to quash
the proceedings in CC No. 406/2014 on the file of the
Judicial First Class Magistrate Court-I, Tirur arising from
Crime No. 337/2013 of Valanchery Police Station. The
above case is charge-sheeted against the petitioners
alleging offences punishable under Secs.498A, 406, 420,
417 r/w 34 IPC.
2. When this Criminal Miscellaneous case
came up for consideration, the learned counsel for the
petitioners submitted that the matter is settled. This Court
directed the Public Prosecutor to verify the same through
the investigating officer. The Public Prosecutor submitted
CRL.MC NO. 9321 OF 2019
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that the matter is settled. Admittedly, the allegations
against the petitioners are matrimonial in nature. In such
circumstances, in the light of the fact that the matter is
settled, I think this case can be quashed.
Therefore, this Criminal Miscellaneous case is
allowed. All further proceedings against the petitioners in
CC No. 406/2014 on the file of the Judicial First Class
Magistrate Court-I, Tirur arising from Crime No. 337/2013
of Valanchery Police Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
CRL.MC NO. 9321 OF 2019
2024:KER:79726
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO. 337/13 OF VALANCHERY POLICE
STATION, MALAPPURAM DISTRICT.
ANNEXURE 2 TRUE COPY OF THE SETTLEMENT AGREEMENT
DATED 10.06.2014 PRODUCED BEFORE THE
HONBLE FAMILY COURT, AT THRISSUR.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 15.12.14 IN
O.P. NO. 838/2014 OF THE FAMILY COURT,
THRISSUR.
