IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
VIJU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7935 OF 2023 | CC NO.1848 OF 2014
| Table of Content |
|---|
| 1. petition under section 482 of crpc regarding cc no.1848. (Para 1 , 2 , 3) |
| 2. affidavit confirms amicable settlement. (Para 4 , 5) |
| 3. court acknowledges non-heinous nature of dispute. (Para 6) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947 CRL.MC NO. 7935 OF 2023 CC NO.1848 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR PETITIONER/ACCUSED:
VIJU AGED 45 YEARS, S/O.KUNHIRAMAN, PUTHUSSERI VALAPPIL, KEEZHARA.P.O, CHERUKUNNU (VIA), KANNAPURAM AMSOM, KANNUR DISTRICT, PIN - 670301 BY ADV SRI.V.A.SATHEESH RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 SARANYA.K AGED 31 YEARS, D/O.RAGHAVAN, KOYYALAN HOUSE, PANTHOTTAM, MORAZHA.P.O, MORAZHA AMSOM, KANNUR DISTRICT, PIN – 670331 BY PUBLIC PROSECUTOR SMT. C. SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R Dated this the 29th day of January, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure , by the accused in CC. No.1848/2024 on the file of the Judicial First Class Magistrate Court-I, Kannur. The offence alleged against the petitioner is under Section 498A IPC. Originally the Judicial First Class Magistrate Court-I, Kannur, had taken cognizance in a private complaint as CC.No.1007/2013, against 3 accused persons. Petitioner is the 3rd accused therein. In CC.No. 1007/2013 accused persons 1 and 2 were discharged under Section 244(1) Cr.P.C. Petitioner was not available at that time. Hence the case against the petitioner was split-up and re-filed as CC. No.1848/2024 and the same is pending before the said court.
2. The prosecution case is that the petitioner/3rd accused being the brother of the husband of the defacto complainant subjected her to cruelty both physically and mentally on the ground of dowry and thereby he is alleged to have committed the aforesaid offence.
3. According to the petitioner, the dispute has been settled with the defacto complainant and she had agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.
4. The defacto complainant filed affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.
5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victim is not at all interested in continuing the prosecution against the petitioner.
6. Considering the fact that the offence involved in this case is not heinous and very serious, but purely a matrimonial and private dispute, which has been amicably settled between the parties, quashment of further proceedings is necessary for maintaining harmonious relationship between the parties. 7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in CC. No.1848/2024 on the file of the Judicial First Class Magistrate Court-I, Kannur, stands quashed under Section 482 of the Code of Criminal Procedure .
Sd/-
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