Kerala High Court
Crl.MC/2842/2012 of SUKESH Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Crl.MC.No. 2842 of 2012 () -------------------------- (CRIME NO. 80/2012 OF CHITTOOR POLICE STATION) PETITIONER/IST ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Crl.MC.No. 2842 of 2012 ()
--------------------------
(CRIME NO. 80/2012 OF CHITTOOR POLICE STATION)
PETITIONER/IST ACCUSED:-------------------------------- SUKESH, AGED 35 YEARS
S/O.GOPALAKRISHNAN, MANNOOR HOUSE, DURGAKOSHTAM KANNIYARPADAM, CHITTOOR, PALAKKAD
BY ADV. SRI.T.V.GEORGE
COMPLAINANT(S):
---------------
1.STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM
2. SANGEETHA, W/O. SUKESH, AGED 27 YEARS, ASHIRVAD, A.E.M. NAGAR, KADAMPIDY, CHITTOOR, PALAKKAD.
R2 BY ADV. SRI.C.K.SREEJITHR1 BY PUBLIC PROSECUTOR SMT. V.H. JASMINE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2842 of 2012 ()
APPENDIX
PETITIONER(S) EXHIBITS
ANNEXURE A1TRUE COPY OF RECORDED STATEMENT/F.I STATEMENT DTD 29/01/2012 GIVEN BY THE 2ND RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE CHITTOOR
ANNEXURE AIITRUE COPY OF FIR IN CRIME NO 80/2012 U/S. 498 A AND 323 IPC OF CHITTOOR POLICE STATION
ANNEXURE AIIITRUE COPY OF DIVORCE PETITION JOINTLY FILED BEFORE THE FAMILY COURT U/S 13(B) OF HINDU MARRIAGE ACT AS M.O.P NO 460/12
RESPONDENTS' EXHIBITS :
NIL
//TRUE COPY//
P.A. TO JUDGE.
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T.R.RAMACHANDRAN NAIR, J.
-------------------------------------------------- CRL.M.C.No.2842 Of 2012
-------------------------------------------------- DATED THIS THE 31[st] DAY OF DECEMBER, 2012
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ORDER
The petitioner is arrayed as first accused in Crime No.80/2012 in a case involving offences under Section 498A andSection 34 of IPC. Second accused is the father of the petitioner.It is submitted by the learned counsel for the petitioner that afterseveral round of negotiations in the matter, the parties havearrived at a settlement and have finally decided to part with andto live separately and to withdraw all cases filed by them.
2. Annexure A-III is the copy of the petition filed underSection 13B of the Hindu Marriage Act before the Family Court,Palakkad.
Heard the learned counsel appearing for the 2[[nd]]
3. Heard the learned counsel appearing for the 2[[nd]]respondent, who is the petitioner before the Family Court. Heardthe learned Public Prosecutor also.
4. Paragraph No.7 of Annexure A-III shows that as a condition for settlement, they have agreed to withdraw fromraising contentions in various matters pending before the courts CRL.M.C.No.2842/12
concerned including the criminal case alleging offence underSection 498A.
5. In the light of the fact that both parties have settledtheir disputes by filing a joint petition under Section 13B, theprayer to quash the complaint is justifiable.
In the light of the fact that both parties have settled
6. The Apex Court has taken the view in various casesthat once private disputes, especially, disputes concerningmarriage have been settled, there is no purpose in proceedingwith the criminal case which has originated during the periodwhen the parties were having serious differences in the matter. Iam satisfied that the proceedings can be quashed in the light ofthe settlement between the parties. Accordingly Crl.M.C. isallowed. Annexure A-II FIR in Crime No.80/12 pending beforethe Judicial First Class Magistrate Court, Chittoor will standquashed.
Sd/-(T.R.RAMACHANDRAN NAIR) JUDGE.
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