Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 CRIME NO.733/2021 OF PARIPPALLY POLICE STATION, KOLLAM PROCEEDINGS IN C.C.NO.594/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAVOOR PETITIONER/ACCUSED 1, 2 & 3:
1 TENNY JOHN, AGED 33 YEARS, S/O JOHN VARGHESE, JAI VILLA, V.H. 309, EAST PATTOM P.O, PATTOM P.O, THIRUVANANTHAPURAM, NOW RESIDING AT L.20 UPPER GROUND FLOOR, OPPOSITE TO PUNJAB NATIONAL BANK,GALI NO.1, MAHAVIR ENCLAVE, NEW DELHI, PIN - 110 045. 2 JOHN VARGHESE, AGED 66 YEARS, S/O VARGHESE, L.20 UPPER GROUND FLOOR, OPPOSITE TO PUNJAB NATIONAL BANK,GALI NO.1, MAHAVIR ENCLAVE, NEW DELHI, PIN - 110 045. 3 ANNAMMA JOHN, AGED 56 YEARS, W/O JOHN VARGHESE, L.20 UPPER GROUND FLOOR, OPPOSITE TO PUNJAB NATIONAL BANK,GALI NO.1, MAHAVIR ENCLAVE, NEW DELHI, PIN - 110 045. BY ADVS. ALEXANDER GEORGE LITA CHANDRAN.S
RESPONDENTS/COMPLAINANT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN - 682 031. 2 SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT, PIN - 691 574. 3 ANCY MOL, AGED 27 YEARS, D/O ACHEN KUNJU, ANUGRAHA HOUSE, KARAMKODE, ADUTHALA P.O, KOLLAM DISTRICT, PIN - 691 579. SRI NOUSHAD K.A. (SR PP) ADV.THARA BOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petitioners face prosecution in Crime No.733 of 2021 of Parippally Police Station, Kollam District, for commission of offence under Section 498(A) and 34 of the Indian Penal Code, which is now pending as C.C.No.594 of 2021 on the file of the Judicial First Class Magistrate Court, Paravoor, Kollam District. The 1st petitioner is the husband of the de-facto complainant / 3 rd respondent. The 2nd and 3rd petitioners are parents of the 1 st petitioner. The allegation against the petitioners is that while the 1st petitioner and the 3rd respondent were residing together, the 3rd respondent was subjected to matrimonial cruelty by the petitioners at their house by demanding cash and more gold ornaments and thereby they committed the offences alleged against them.
2. The learned counsel appearing for the petitioners
would submit that the disputes arose on account of matrimonial disputes between the 1st petitioner and the 3rd respondent. It is submitted that all disputes between the petitioners and the 3rd respondent have been settled, as is evident from Annexure - 2 affidavit. It is submitted that the proceedings against the petitioners in Crime No.733 of 2021 of Parippally Police Station, Kollam District, which is now pending as C.C.No.594 of 2021 on the file of the Judicial First Class Magistrate Court, Paravoor, Kollam District, may be quashed on the basis of settlement.
3. The learned Public Prosecutor confirms that the issues
between the petitioners and the 3rd respondent have been settled.
4. Having regard to the facts and circumstances of the
case, considering the nature of allegations and taking into account the contents of Annexure - 2 affidavit and the submissions of the learned Public Prosecutor, I am of the view that this is a fit case where jurisdiction of this Court under Section 482 of the Cr.P.C can be invoked and the proceedings against the petitioners can be quashed on the basis of settlement. No public interest will be served by continuing with the proceedings against the petitioners. Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.594 of 2021 on the file of the Judicial First Class Magistrate Court, Paravoor, Kollam District, arising out of Crime No.733 of 2021 of Parippally Police Station, Kollam District, will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE DK APPENDIX OF CRL.MC 8560/2023 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE F.I.R IN CRIME NO. 733/2021 DATED 8.11.2021 Annexure 2 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 29.09.2023