IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.MC NO. 5865 OF 2018 CRIME NO.796/2017 OF MANNUTHY POLICE STATION, THRISSUR CC NO.2604 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,THRISSUR PETITIONERS/ACCUSED: 1 USHA BALAN AGED 63 YEARS W/O BALAN P.V., PAMBUNGAL HOUSE, CHIRAKKEKODE, VELLANIKKARA P.O., THRISSUR DISTRICT- 680654 2 BALAN P.V AGED 68 YEARS S/O VELUNNI, PAMBUNGAL HOUSE, CHIRAKKEKODE, VELLANIKKARA PO, THRISSUR DISTRICT-680654. 3 SIMI AGED 41 YEARS W/O SATHYAN, PERUMBILLY HOUSE, MINOR ROAD, NADATHARA, THRISSUR DISTRICT-680751 RESPONDENTS/VICTIM & STATE: 1 SHEEJA AGED 32 YEARS W/O SIMIL, CHANASSERY HOUSE, VELLANIKKARA P.O., THRISSUR DISTRICT-680654 2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SMT SEETHA S, SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:28650 Crl.M.C No.5865/2018 2 ORDER No representation from the petitioners for the second consecutive posting date. 2. The petitioners are the accused in Crime No.796/2017 of the Mannuthy Police Station, Thrissur District. The offences alleged against them are under Sections 498A and 323 IPC, read with Section 34 IPC. After the completion of the investigation, the SI of Police, Mannuthy, filed Final Report against the petitioners in respect of the aforesaid offences. 3. The prosecution case is that, ever since the marriage of CW1 with CW2 on 31.12.2000, the petitioners, who are the father, mother and sister of CW2, have been subjecting her to mental cruelty demanding more dowry. It is alleged that even the entry of the de facto complainant and her husband to the house of the petitioners was prevented by them as part of the cruelty meted out to her. 4. Heard the learned Public Prosecutor representing the State of Kerala. 5. On going through the Final Report and the accompanying records, it appears that the Investigating Agency has garnered the requisite materials to establish the charge levelled against the petitioners. 2025:KER:28650 Crl.M.C No.5865/2018 3 It is not possible for this Court, in exercise of its inherent powers under Section 482 Cr.P.C, to sit on judgment upon the acceptability of the aforesaid evidence, which the prosecution proposes to adduce before the Trial Court. True that there is a contention set forth in this petition that the dispute between the petitioners and the 1st respondent has been settled. However, the petitioners did not care to bring on record anything to substantiate the aforesaid contention. If at all there is any such settlement, the de facto complainant and the other witnesses have to adduce evidence before the Trial Court in that regard so that the conviction of the petitioners could be avoided. At any rate, it is not possible for this Court to quash the proceedings pending before the Judicial First Class Magistrate Court-III, Thrissur, in CC No.2604/2017, as prayed for in this petition. In the result, the petition is hereby dismissed. Sd/- G.GIRISH JUDGE IAP 2025:KER:28650 Crl.M.C No.5865/2018 4 APPENDIX OF CRL.MC 5865/2018 PETITIONERS’ ANNEXURES: ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.796/2017 OF THE MANNUTHY POLICE STATION DATED 26.07.2017. ANNEXURE A2 CERTIFIED COPY OF THE JOINT COMPROMISE PETITION FILED BEFORE THE JFCM NO.III, THRISSUR.