Kerala High Court
Ajaya Kumar vs State Of Kerala on 16 July, 2025
2025:KER:52628
CRL.M.C NO.3588 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
CRL.MC NO. 3588 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.837 OF
2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PERINTHALMANNA
PETITIONERS/ACCUSED:
1 AJAYA KUMAR
AGED 47 YEARS
S/O PATHAYAPARAMBIL SUKUMARAN, RESIDING AT ANIL
NIVAS, ZION NAGAR, Z.N. 8, KONTHURUTHY, THEVARA,
ERNAKULAM, PIN - 682013
2 PATHAYAPARAMBIL SUKUMARAN
AGED 74 YEARS
ANIL NIVAS, ZION NAGAR, Z.N. 8, KONTHURUTHY,
THEVARA, ERNAKULAM., PIN - 682013
3 LALITHA
AGED 64 YEARS
W/O PATHAYAPARAMBIL SUKUMARAN, ANIL NIVAS, ZION
NAGAR, Z.N. 8, KONTHURUTHY, THEVARA, ERNAKULAM.,
PIN - 682013
4 SMITHA SUKUMARAN
AGED 41 YEARS
W/O. MANOJ B, THEKKEDATH HOUSE, UDAYAMPEROOR P.O,
PUTHIYAKAVU, MANAKUNNAM, ERNAKULAM., PIN - 682307
BY ADVS.
SRI.TOM JOSE OZHUKAYIL
SRI.TOM JOSE
SMT.GEETHA JOB(OZHUKAYIL)
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CRL.M.C NO.3588 OF 2024
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SHRI.AKHIL DAS
SMT.CLANZA NOVETH CLEETUS
SHRI.ABDUL SHUKOOR P.C.
SMT.ANEETA BRIGHTSON
SMT.SANJANA ANIL
RESPONDENT/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 CHINCHU K
AGED 34 YEARS
W/O. AJAYAKUMAR AND D/O. K. SANKARAN,
KOOMULLYKALAM HOUSE, KURUPATHAL, KOLATHUR,
MALAPPURAM DISTRICT., PIN - 679338
BY ADVS.
SHRI.ABREM K. JOY
SMT.SHAMEENA K.U.
SRI.SANAL P.RAJ.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.M.C NO.3588 OF 2024
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ORDER
The petitioners are accused Nos.1 to 4 in Crime No.136/2022 of
Kolathur Police Station, Malappuram, in which the Sub Inspector of Police,
Kolathur, has filed final report alleging the commission of offences under
Sections 406 and 498A read with Section 34 of the Indian Penal Code,
1860.
2. The case relates to the matrimonial cruelty meted out
to the de facto complainant at the instance of the 1 st petitioner, who
married her, and the other petitioners who are his close relatives.
3. In the present petition, the petitioners would contend
that a false and baseless case has been foisted against them, and that
they are totally innocent.
4. Heard the learned counsel for the petitioners, the
learned counsel for the de facto complainant and the learned Public
Prosecutor representing the State of Kerala.
5. The learned counsel for the petitioners and the
learned counsel for the de facto complainant submitted that all issues
between the petitioners and the de facto complainant have been amicably
settled in the mediation conducted at the instance of the Mediation Sub
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CRL.M.C NO.3588 OF 2024
Centre, Malappuram in the pending cases before the Family Court,
Malappuram. The true copy of the Memorandum of Agreement signed by
the parties, is produced as Annexure-F. It is stated as condition No.6 in
Annexure-F (Memorandum of Agreement), that the de facto complainant
would do the needful for terminating the criminal case pending before the
Judicial First Class Magistrate Court-I, Perinthalmanna, against the
petitioners. Annexure-I judgment rendered by the Family Court,
Malappuram, would reveal that the said Court has acted upon the
aforesaid compromise between the parties and passed a decree of divorce
on mutual consent.
6. The de facto complainant had sworn an affidavit on
05.07.2025, stating that all the issues between the petitioners and the de
facto complainant have been amicably settled, and that she has no
objection in quashing the F.I.R and Final Report in Crime No.136/2022 of
Kolathur Police Station, Malappuram.
7. It is apparent from the above facts and circumstances
of the case that the domestic issues between the petitioners and the de
facto complainant have been amicably settled, and that there is no
purpose to be fulfilled by the continuation of the prosecution against the
petitioners. The termination of the prosecution proceedings against the
petitioners is highly necessary to maintain the harmonious relationship
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CRL.M.C NO.3588 OF 2024
between the parties. Therefore, the prayer of the petitioners to quash the
proceedings against them, has to be allowed.
In the result, the petition stands allowed. The F.I.R registered
by the Kolathur Police in Crime No.136/2022 and the final report filed
against the petitioners in the aforesaid crime, and all proceedings initiated
thereafter on the aforesaid final report, are hereby quashed.
Sd/-G.GIRISH
JUDGE
ma/16.07.2025
/True copy/
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CRL.M.C NO.3588 OF 2024
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE PRIVATE COMPLAINT DATED
08.03.2022 FILED BEFORE THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT I,
PERINTHALMANNA AS CMP NO. 837/2022
Annexure B CERTIFIED COPY OF THE FIR IN CRIME
NUMBER 136/2022 OF KOLATHUR POLICE
STATION
Annexure C TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 136/2022 DATED 21/03/2022
Annexure D TRUE COPY OF THE JUDGMENT IN OP (FC) NO.
684/2022 DATED 08/02/2023
Annexure E TRUE COPY OF THE FIR IN CRIME NO.
706/2023 DATED 04/06/2023
Annexure F CERTIFIED COPY OF THE MEDIATION
AGREEMENT ENTERED INTO BETWEEN THE
PARTIES IN M.C. NO. 106/2022, O.P. NO.
293/2022, AND O.P. NO. 665/2022.
Annexure G CERTIFIED COPY OF THE ORDER REGARDING
MAINTENANCE AND FINANCIAL CLAIMS IN O.P.
NO. 293/2022 OF THE FAMILY COURT,
MALAPPURAM, DATED 24.09.2024.
Annexure H A TRUE COPY OF THE ORDER REGARDING
CUSTODY AND VISITATION RIGHTS OF
CHILDREN IN O.P. NO. 665/2022 OF THE
FAMILY COURT, MALAPPURAM, DATED
24.09.2024.
Annexure I A TRUE COPY OF THE MUTUAL CONSENT
DIVORCE DECREE PASSED IN O.P. NO.
263/2025 BY THE FAMILY COURT,
MALAPPURAM, DATED 01.04.2025.
