Santhosh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 Crl.MC.No. 7120 of 2015 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 274/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA CRIME NO. 1488/2010 OF HILL PALACE POLICE STATION , ERNAKULAM PETITIONERS/ACCUSED 1 TO 6:
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1. SANTHOSH AGED 34 YEARS S/O.SUBRAMANIAN, VELIPARAMBIL HOUSE, SNDP JUNCTION KUMBALANGHI, ERNAKULAM DISTRICT.
2. DILEEP AGED 38 YEARS S/O.SUBRAMANIAN, VELIPARAMBIL HOUSE, SNDP JUNCTION KUMBALANGHI, ERNAKULAM DISTRICT.
3. SUBRAMANIAN AGED 69 YEARS F/O.SANTHOSH, VELIPARAMBIL HOUSE, SNDP JUNCTION KUMBALANGHI, ERNAKULAM DISTRICT.
4. CHANDRAMATHI AGED 64 YEARS W/O.SUBRAMANIAN, VELIPARAMBIL HOUSE, SNDP JUNCTION KUMBALANGHI, ERNAKULAM DISTRICT.
5. LATHIKA AGED 40 YEARS D/O.SUBRAMANIAN, W/O.HAPPYRAJ, KATTUKARA HOUSE NAYARAMBALAM, ERNAKULAM DISTRICT.
6. REMYA AGED 33 YEARS W/O.DILEEP, VELIPARAMBIL HOUSE, SNDP JUNCTION KUMBALANGHI, ERNAKULAM DISTRICT.
BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT: -------------------------------------------------
1. STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE HILL PALACE POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
Crl.MC.No. 7120 of 2015
2. HARITHA, AGED 27 YEARS D/O.RAJAN, PULICKAPARAMBIL HOUSE, NEAR SVLPS THEKKUMBHAGOM, THRIPUNITHURA.
R2 BY SRI.N.RATHEESH R1 BY PUBLIC PROSECUTOR: SMT MADHUBON M THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7120 of 2015 () APPENDIX PETITIONER(S)' EXHIBITS:
----------------------- ANNEXURE A1- TRUE COPY OF FIR DATED 6.8.2010 IN CRIME NO.1488/2010 OF HILL PALACE POLICE STATION.
ANNEXURE A2- CERTIFIED COPY FINAL REPORT DATED 1.10.10 IN CRIME NO.1488/2010 OF HILL PALACE POLICE STATION.
ANNEXURE A3- AFFIDAVIT DATED 15.10.2015 OF 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:
True Copy / P.A to Judge
SUNIL THOMAS, J.
============================== Crl.M.C.No.7120 of 2015 ============================== Dated this the 9th day of November, 2015
ORDER
Petitioners are accused Nos.1 to 6 in C.C.No.274 of 2015 pending before the Judicial First Class Magistrate Court, Tripunithura for offence punishable under Section 498A r/w Section 34 of the IPC.
2.
The allegation was that the first petitioner had married the second respondent on 31.08.2009 and a child was born out of the wedlock. Thereafter, matrimonial disputes arose leading to the institution of O.P.No.2054 of 2005 before the Family Court for divorce on mutual consent. The present prosecution was initiated on the basis of a police charged case. After investigation, final report was laid. This Crl.M.C. is filed to quash the proceedings. 3.
When the matter was taken up, second respondent voluntarily appeared and submitted that the matter has been settled amicably between the parties. An affidavit dated 15.10.2015 sworn by the second respondent has also been incorporated. Both sides submitted that parties have agreed to settle all the disputes and a compromise petition dated 27.10.2015 incorporating all terms and conditions in relation to the matrimonial disputes have been filed
Crl.M.C.7120/15 before the Family Court, Ernakulam. It is recorded. 4.
Evidently, this is a dispute arising out of a matrimonial dispute. The Honourable Supreme Court has consistently reiterated that the Court should facilitate settlement of disputes arising out of matrimonial discord. No public interest is involved in this case. Hence, I am inclined to allow this petition and to quash all zproceedings in C.C.No.274 of 2015.
In the result, Crl.M.C. is allowed. Entire proceedings in C.C.No.274 of 2015 stands quashed.
Sd/- SUNIL THOMAS Judge Sbna