IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.MC NO. 5485 OF 2020 CRIME NO.399/2019 OF KUTHIYATHODE POLICE STATION, ALAPPUZHA CC NO.1831 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONER: SUNIL BABU AGED 43 YEARS S/O.MADHUSOODHANAN NAIR, VIJAYA BHAVAN, THURAVOOR PO, CHERTHALA, ALAPPUZHA-688 532. BY ADV JOBY CYRIAC RESPONDENTS: 1 RANJU AGED 38 YEARS D/O.RADHAMMA, SANJU BHAVANAM, KADAKKAL P.O., KOLLAM-691 536. 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA -682031. BY ADVS. T.KABIL CHANDRAN R.ANJALI(K/1106/2011) ANJANA ARUN(K/3480/2023) ASWIN K. BENZEER(K/000644/2023) SMT SEETHA S, SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING ON 26.03.2025, ALONG WITH Crl.MC.4864/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26025 Crl.MC Nos.4864 & 5485/2020 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.MC NO. 4864 OF 2020 CC NO.1831 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONERS/ACCUSED NOS.2 AND 3: 1 VIJAYALAKSHMI AGED 71 YEARS W/O.MADHUSUDHANAN, VIJAYA BHAVANAM, THURAVOOR P.O., CHERTHALA, ALAPPUZHA-688 524. 2 SINDHU, AGED 48 YEARS D/O.MADHUSUDHANAN, NANDHANAM HOUSE, VAIKOM P.O., KOTTAYAM-686 141. BY ADV JOBY CYRIAC RESPONDENTS: 1 RANJU AGED 38 YEARS D/O.RADHAMMA, SANJU BHAVANAM, KADAKKAL P.O., KOLLAM-691 536. 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031. BY ADVS. T.KABIL CHANDRAN JOBY KURIAKOSE T.J SRI. SANGEETHARAJ N R, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH Crl.MC.5485/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26025 Crl.MC Nos.4864 & 5485/2020 3 ORDER The petitioners are the accused in CC No.1831/2020 on the files of the Judicial First Class Magistrate Court, Cherthala. The offence alleged against them are under Sections 498A, 323 & 341 IPC r/w Section 34 IPC, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioners seek to quash the proceedings against them in the aforesaid case. 2. The Crime was registered on the basis of a complaint filed by the de facto complainant, alleging matrimonial cruelty against the 1st accused, her husband. The other accused are the mother and sister of the 1st accused. After the completion of the investigation, the SI of Police, Kuthiathode, filed Final Report against the petitioners, alleging commission of the aforesaid offence. 3. When the matter was taken up for consideration today, the learned counsel for the petitioners as well as the learned counsel representing the de facto complainant submitted that the issue has been amicably settled between the parties. The learned Public Prosecutor, upon instructions from the Investigating Officer, also submitted that, as per the information gathered by the Investigating Agency, the parties have amicably settled the issues between them, and that the de facto complainant is not at all interested in 2025:KER:26025 Crl.MC Nos.4864 & 5485/2020 4 continuing the prosecution as against the petitioners. 4. Heard the learned counsel for the petitioners, the learned counsel representing the de facto complainant and the learned Public Prosecutor representing the State of Kerala. 5. The de facto complainant as well as her son aged 18 years, have filed affidavits before this Court stating that they are having no subsisting grievance as against the petitioners. It is further revealed from the aforesaid affidavits that the issues between the parties have been amicably settled between them. Since, the dispute is purely of private in nature, and the matter has been sorted out between the de facto complainant and the petitioners, the continuance of the prosecution against the petitioners is an abuse of process of law. 6. In the above circumstances, the prayer in these petitions to quash the proceedings against the petitioners, has to be allowed. In the result, both these petitions stand allowed. The proceedings against the petitioners/accused Nos.1 to 3 in CC No.1831/2020 on the files of the Judicial First Class Magistrate Court, Cherthala, are hereby quashed. Sd/- G.GIRISH JUDGE IAP 2025:KER:26025 Crl.MC Nos.4864 & 5485/2020 5 APPENDIX OF CRL.MC 4864/2020 PETITIONERS’ ANNEXURES: ANNEXURE A1 TRUE COPY OF THE FIR NO.399/2019 DATED 11.04.2019 OF THE KUTHIATHODE POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DATED 15.10.2019 IN FIR NO.399/2019 DATED 11.04.2019 OF THE KUTHIATHODE POLICE STATION. ANNEXURE A3 TRUE COPY OF THE COMPLAINT GIVEN BY THE 1ST RESPONDENT TO THE DGP DATED 30.08.2019. ANNEXURE A4 TRUE COPY OF THE ORDER OF THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, IN CRMP NO.3867/02/LA1/2019/KESCPCR, DATED 20.03.2020. ANNEXURE A5 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT DATED 19.07.2011 IN FIR NO.815/11 OF THE KADAKKAL POLICE STATION, KOLLAM. ANNEXURE A6 TRUE COPY OF THE ORDER OF THE FAMILY COURT, ALAPPUZHA, IN CMP NO.101/2019 IN MC 50/2019 DATED 29.07.2020. Annexure A7 THE ORIGINAL AFFIDAVIT DATED 01/12/2023 SWORN BY THE DE-FACTO COMPLAINANT 2025:KER:26025 Crl.MC Nos.4864 & 5485/2020 6 APPENDIX OF CRL.MC 5485/2020 PETITIONER’S ANNEXURES: ANNEXURE A1 TRUE COPY OF THE FIR NO.399/2019 DATED 11.4.2019 OF THE KUTHIATHODE POLICE STATION, IN CC 1831/2020 OF JFCM COURT, CHERTHALA. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DATED 15.10.2019 IN FIR NO.399/2019 DATED 11.4.2019 OF THE KUTHIATHODE POLICE STATION IN CC NO.1831/2020 OF JFCM COURT, CHERTHALA. ANNEXURE A3 TRUE COPY OF THE COMPLAINT GIVEN BY THE 1ST RESPONDENT TO THE DGP DATED 30.8.2019. ANNEXURE A4 TRUE COPY OF THE ORDER OF THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, IN C.R.M.P.NO.3867/02/LA1/2019/KESCPCR, DATED 20.3.2020. ANNEXURE A5 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT DATED 19.7.2011 IN FIR NO.815/11 OF THE KADAKKAL POLICE STATION, KOLLAM. ANNEXURE A6 TRUE COPY OF THE ORDER OF THE FAMILY COURT, ALAPPUZHA, IN C.M.P.NO.101/2019 IN M.C.50/2019 DATED 29.7.2020. Annexure A7 THE ORIGINAL AFFIDAVIT DATED 01/12/2023 SWORN BY THE DE-FACTO COMPLAINANT