Kerala High Court
Jose T vs State Of Kerala on 14 February, 2025
CRL.MC NOs. 6421 & 6052 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
CRL.MC NO. 6421 OF 2018
CRIME NO.2056/2018 OF PALA POLICE STATION, KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.42 OF 2018 OF
ADDITIONAL DISTRICT COURT, PALA
PETITIONER/ACCUSED NOS.1 AND 2:
1 JOSE T.
S/O. THOMAS, THOPPIL HOUSE, VELLAPPAD,
PALA P.O., LALAM VILLAGE, KOTTAYAM DISTRICT
2 THRESSIAMMA JOSE
S/O. JOSE T., THOPPIL HOUSE, VELLAPPAD,
PALA PO, LALAM VILLAGE, KOTTAYAM DISTRICT.
BY ADVS.
TOM JOSE (PADINJAREKARA)
SHEBIN K.CYRIAC
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
2 INSPECTOR OF POLICE
PALA POLICE STATION, PALA,
KOTTAYAM DISTRICT - 686 574
3 LISHA BOBBY
S/O. BOBBY, THOPPIL HOUSE, VELLAPPAD,
PALA PO, LALAM VILLAGE,
KOTTAYAM DISTRICT. - 686 574.
CRL.MC NOs. 6421 & 6052 OF 2018
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SRI.B.MOHANLAL - R3
SRI. SANGEETHARAJ N.R. - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.02.2025, ALONG WITH Crl.MC.6052/2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NOs. 6421 & 6052 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
CRL.MC NO. 6052 OF 2018
CRIME NO.2056/2018 OF PALA POLICE STATION, KOTTAYAM
PETITIONER/3RD ACCUSED:
TOM JOSE
S/O. JOSE P., THOPPIL HOUSE,
VELLAPPAD, PALA P.O., LALAM VILLAGE,
KOTTAYAM DISTRICT.
BY ADV TOM JOSE (PADINJAREKARA)
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 INSPECTOR OF POLICE,
PALA POLICE STATION, PALA,
KOTTAYAM DISTRICT-686575.
3 LISHA BOBBY,
W/O.BOBBY, THOPPIL HOUSE, VELLAPPAD,
PALA.P.O., LALAM VILLAGE,
KOTTAYAM DISTRICT- 686575.
SRI.B.MOHANLAL - R3
SRI. SANGEETHARAJ N.R. - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.02.2025, ALONG WITH Crl.MC.6421/2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NOs. 6421 & 6052 OF 2018
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G. GIRISH, J.
===================================
Crl.MC Nos.6421 & 6052 of 2018
===================================
Dated this the 14th day of February, 2025
ORDER
Both these petitions are filed for quashing the proceedings in
S.C. No. 42 of 2018 on the files of the Assistant Sessions Court, Pala. The
offences involved are under Sections 308, and 498A read with Section
34 of the Indian Penal Code. The petitioners in Crl.M.C. No. 6421 of 2018
are accused Nos. 1 and 2, and the petitioner in Crl.M.C. 6052 of 2018 is
the 3rd accused. The de facto complainant is the daughter-in-law of
accused Nos. 1 and 2 and the sister-in-law of the 3rd accused.
2. The prosecution case is that the accused had been subjecting
the de facto complainant to cruelty ever since her marriage with CW2
on 14.01.2008, for the reason that dowry brought by her was meager
and that she was not good looking. There is also the allegation that on
07.05.2016 at about 8.00 a.m., the 1 st accused assaulted the de facto
complainant with a knife. It is upon the aforesaid allegations that the
CRL.MC NOs. 6421 & 6052 OF 2018
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de facto complainant had lodged the First Information Statement
leading to the registration of the crime. After the completion of the
investigation, the Sub Inspector of Police, Pala, laid the final report
before the court. Upon commitment and make over of the case, the
learned Assistant Sessions Judge, Pala, initiated proceedings against the
accused in S.C. No. 42 of 2018.
3. When the matter was taken up for consideration today, the
learned Counsel for the petitioners, as well as the learned Counsel for
the de facto complainant submitted that the issue has been amicably
settled between the parties. The de facto complainant also filed an
affidavit stating that she is not at all interested in prosecuting the
petitioners further, since the case has been amicably settled with the
petitioners. It is stated by the de facto complainant in paragraph No.3
of the affidavit that the case was the offshoot of the personal disputes
with the petitioners, and that the First Information Statement was
given by her as a consequence of the aforesaid personal disputes with
the petitioners.
4. Having regard to the aforesaid affidavit filed by the de facto
CRL.MC NOs. 6421 & 6052 OF 2018
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complainant as well as the submissions made by the learned Counsel
for the petitioners and the learned Counsel for the de facto
complainant, I am of the view that the present case is the outcome of
the private issues in the family of the de facto complainant and the
petitioners, and that there is no purpose to be fulfilled by the
continuation of prosecution in these cases. In the above circumstances,
the termination of the proceedings in these cases is highly necessary to
meet the ends of justice.
In the result, both these petitions stand allowed. The
proceedings initiated against the petitioners, who are the accused in
S.C. No. 42 of 2018 on the files of the Assistant Sessions Court, Pala, are
hereby quashed.
Sd/-
G.GIRISH
JUDGE
LU
CRL.MC NOs. 6421 & 6052 OF 2018
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PETITIONER ANNEXURES :
ANNEXURE I TRUE COPY OF THE FIR DATED 1.9.2016, ALONG
WITH THE F.I. STATEMENT, IN CRIME
NO.2056/2016 OF PALA POLICE STATION.
ANNEXURE II TRUE COPY OF THE FINAL REPORT/CHARGE SHEET
DATED 28.1.2017 IN CRIME NO.2056/2016.
ANNEXURE III CERTIFIED COPY OF THE SECOND FINAL REPORT
DATED 26.6.2018 IN CRIME NO.2056/2016 OF PALA
POLICE STATION.
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PETITIONER ANNEXURES :
ANNEXURE P1 TRUE COPY OF THE DISCHARGE SUMMARY OF LISIE
HOSPITAL, ERNAKULAM.
ANNEXURE P2 TRUE COPY OF THE CASE SUMMARY AND DISCHARGE
RECORD OF THE INDO-AMERICAN HOSPITAL,
CHEMMANAKARI.
ANNEXURE P3 TRUE COPY OF THE ADVOCATE NOTICE DATED
21.04.2016 SENT BY THE 1ST PETITIONER TO THE
DEFACTO COMPLAINANT AND HER HUSBAND.
ANNEXURE P4 TRUE COPY OF THE COMPLAINT DTED 07.05.2016
SUBMITTED BY THE 2ND PETITIONER BEFORE THE
CEO OF POLICE, PALA.
ANNEXURE P5 TRUE COPY OF THE EX-PARTE ORDER DATED
27.04.2016 OBTAINED BY THE DEFACTO
COMPLAINANT FROM THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, PALA.
ANNEXURE P6 TRUE COPY OF THE INJUNCTION ORDER DATED
28.06.2018 GRANTED BY THE MUNSIFF COURT, PALA
IN OS. NO.150/16.
ANNEXURE P7 TRUE COPY OF THE FIR DATED 01.09.2016, ALONG
WITH THE F.I. STATEMENT, IN CRIME NO.
2056/2016 OF PALA POLICE STATION.
ANNEXURE P8 TRUE COPY OF THE FINAL REPORT/CHARGE SHEET
DATED 28.01.2017 IN CRIME NO. 2056/2016.
ANNEXURE P9 TRUE COPY OF THE FINAL REPORT DATED
26.06.2018.
ANNEXURE P10 TRUE COPY OF THE ORDER DATED 14.09.2018 IN
CRL.MC.NO. 6052/2018.
// True Copy // PA To Judge
