Shinod Kumar v. Remya

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 Crl.MC.No. 432 of 2015 -------------------------- CC 2452/2014 of J.M.F.C., KODUNGALLUR PETITIONERS/ACCUSED NO.1 TO 3:

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1. SHINOD KUMAR AGED 41 YEARS GULF EMPLOYEE, S/O.BAHULEYAN, KANJIRAPARAMBIL HOUSE NATTIKA DESOM, NATTIKA VILLAGE, CHAVAKKAD TALUK THRISSUR DISTRICT.

2. MANI, AGED 64 YEARS HOUSE HOLD AFFAIRS, W/O.BAHULEYAN KANJIRAPARAMBIL HOUSE, NATTIKA DESOM, NATTIKA VILLAGE CHAVAKKAD TALUK, THRISSUR DISTRICT.

3. SREEDEVI AGED 31 YEARS HOUSE HOLD AFFAIRS W/O.KALAPPURAKKAL ,SIVADAS AND D/O.BAHULEYAN KANJIRAPARAMBIL HOUSE, NATTIKA DESOM, NATTIKA VILLAGE CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI. RAHUL KANDAMPULLY SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENTS:

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1. REMYA, AGED 26 YEARS D/O.MOHANAN, CHEETTAPURATH HOUSE, KAZHIMBRAM DESOM VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT-686001.

2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE VALAPPAR (FIR NO.124/2014), POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682031.

R1 BY ADV. SRI.P.G.PRAMOD R BY PUBLIC PROSECUTOR, SHRI.JIBU P THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 432 of 2015 () -------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- ANNEXURE-1: CERTIFIED COPY OF THE PRIVATE COMPLAINT FILED BY THE FIRST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR.

ANNEXURE-2: CERTIFIED COPY OF THE FIR REGISTERED BY THE SECOND RESPONDENT IN CRIME NO.124/2014.

ANNEXURE-3: CERTIFIED COPY OF THE CHARGE SHEET SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO.124/2014.

ANNEXURE-4: PHOTOSTAT COPY OF THE AGREEMENT DATED 17.05.2014 ENTERED IN BETWEEN THE 1ST PETITIONER AND 1ST RESPONDENT. ANNEXURE-5: PHOTOSTAT COPY OF THE ORDER DATED 22.11.2014 IN OP NO.714/2014 OF FAMILY COURT, THRISSUR.

RESPONDENTS' EXHIBITS : NIL --------------------------------------- dl // TRUE COPY // PA to Judge

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - Crl.M.C.No.432 of 2015 B - - - - - - - - - - - - - - - - - - - -- - - - Dated this the 20th day of February 2015

ORDER

The petitioners are the accused in C.C. No.2452/2014 of the Judicial First Class Magistrate's Court, Kodungallur, for the offences punishable under Sections 406, 420 and 498A read with Section 34 of the I.P. C.

2. The allegation against the petitioners is that they have tortured and harassed the de-facto complainant, who is the wife of the 1st petitioner and treated her with cruelty, within the meaning of Section 498A of the Indian Penal Code.

3. According to the petitioners, the matter has been

Crl.M.C.No.432 of 2015 amicably settled between them and the de-facto complainant, who is the first respondent herein.

4. The first respondent has filed an affidavit stating that the matter has been amicably settled and that all the disputes between them have been settled. She has no objection in quashing Annexure A2 F.I.R. in Crime No.124/2014 of Valappad Police station and all further proceeding in C.C. No.2452/2014 of the Judicial First Class Magistrate's Court, Kodungallur. The first respondent has entered appearance through her counsel. The learned counsel for first respondent also endorses the fact that the affidavit has been sworn in by the first respondent. When the matter has been amicably settled between the parties, being a matrimonial dispute, this Court is of the view that it is just and proper in the interest of justice, to quash Annexure A2 F.I.R. in Crime No.124/2014 of Valappad Police station and all further proceeding in C.C. No.2452/2014 of the Judicial First Class Magistrate's Court, Kodungallur. In the result, this Crl.M.C. is allowed. Annexure A2 F.I.R.

Crl.M.C.No.432 of 2015 in Crime No.124/2014 of Valappad Police station and all further proceeding in C.C. No.2452/2014 of the Judicial First Class Magistrate's Court, Kodungallur, are quashed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge