High CourtsSingle Bench(2021) 06 KL CK 0259

Sreekumar V vs Ganga L

High Court Of Kerala · Decided on 17 June 2021

HON’BLE JUDGES
N.Anil Kumar, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 1835 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

22 paragraphs · 422 words

N.Anil Kumar, J

1.

This Crl.M.C is filed seeking to quash all further proceedings in CC No. 3250 of 2015 on the file of the Judicial First Class Magistrate Court,

Tripunithura against the petitioners under Section 482 of the Cr.P.C.

2.

The petitioners are arrayed as accused 1 and 2 in CC No. 3250 of 2015 on the file of the Judicial First Class Magistrate Court, Tripunithura alleging

offences punishable under Section 498A r/w Section 34 of the Indian Penal Code, which arose from Crime No. 719 of 2015 of the Hill Palace Police

Station.

3.

The 1st petitioner is the husband of the 1st respondent and the 2nd petitioner is the mother in law. The 1st petitioner married the 1st respondent on

30.05.2014 as per Hindu religious rites at Potta Temple, Eroor. They have a son in the wedlock.

4.

The prosecution case, in brief, is that the petitioners had committed matrimonial cruelty towards the 1st respondent demanding more dowry. It is

also alleged that the petitioners tortured and manhandled the 1st respondent at her matrimonial house.

5.

Pursuant to Ext.A1 First Information Statement, the police conducted investigation and filed charge sheet under Section 498A r/w Section 34 of the

Indian Penal Code. The learned magistrate took cognizance of the offence and numbered the case as CC No. 3250 of 2015.

6.

During the pendency of the case, the subject matter of this case has been amicably settled between the parties through mediation. The 1st petitioner

and 1st respondent have decided to live together in accordance with the compromise entered between them in OP No. 2296 of 2019 of the Family

Court, Ernakulam. The 1st respondent filed an affidavit before this Court stating that the entire matter has been settled between the parties and she

has no more grievance against the petitioners.

7.

The offences involved in this case are purely personal in nature. In such a case, this Court is of the view that a settlement between the parties

would lead to a better relationship between them and would resolve a private dispute. To secure the ends of justice, it is appropriate that the criminal

proceedings are put to an end in the light of the settlement and in the light of the principles laid down by the Hon'ble Supreme Court in Gian Singh v.

State of Punjab [(2012)10 SCC 303].

In the result, this Crl.M.C. is allowed. All further proceedings in CC No. 3250 of 2015 on the file of the Judicial First Class Magistrate Court,

Tripunithura stands quashed.