IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3166 of 2009()
1. REBIN SUNNY, AGED 30 YEARS,
... Petitioner
2. MRS.MARY SUNNY, AGED 49 YEARS,
3. N.A.SUNNY,AGED 55 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. VINU REBIN, AGED 24 YEARS,
For Petitioner :SRI.ALAN PAPALI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :01/12/2009
O R D E R
M.SASIDHARAN NAMBIAR J.
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CRL.M.C No. 3166 of 2009
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Dated this the 1st day of December, 2009.
O R D E R
Petitioners are the accused in C.P.No.21 of 2009 on the file of the
Judicial Magistrate of First Class-I, Kozhikode, taken cognizance for the
offence under Section 406, 498-A and 315 read with Section 34 of the
Indian Penal Code. This petition is filed under Section 482 of the Code of
Criminal Procedure to quash the final report and the cognizance taken,
contending that the entire disputes were settled between the parties,
evidenced by Annexure II agreement.
2. Though Ext.P2 agreement shows that the disputes were
finally settled as per the terms of agreement, the terms provided for
certain conditions fulfilled by both parties. The petitioner would contend
that entire conditions to be fulfilled by them, were complied with and in
such circumstances, the case is to be quashed. In Annexure II agreement
second respondent, defacto complainant has agreed that she has no
objection in quashing this proceedings.
3. When the petition came up for admission on 5.10.2009,
second respondent did not appear. An opportunity was granted to the
petitioners to see that second respondent appears and agrees for the
settlement. Even though, it was posted to 27.10.2009, second
respondent did not appear. Thereafter the case was adjourned and
directed to post the case on filing a joint petition. The joint petition was
CRL.M.C No. 3166 of 2009 2
not filed and at the instance of the petitioners the case was taken up
today.
3. The learned senior counsel appearing for the petitioners was
heard. The learned senior counsel submitted that as provided in
Annexure II agreement, petitioners have produced the fixed deposit
receipt for Rs.40,00,000/- before the Family Court, Kozhikode and in
such circumstances, second respondent is bound to report no objection
for quashing the crime in the present case. But invoking the
extraordinary power under Section 482 of the Code of Criminal
Procedure, the case can be quashed only if the defacto complainant
agrees for the same before this Court. It is not done. In such
circumstances the case cannot be quashed as sought for.
4. The learned senior counsel then submitted that presence of
the petitioners may not be insisted before Judicial First Class Magistrate
Court-I, Kozhikode, as the second respondent is not appearing and the
proceedings before the Family Court is not closed. In such
circumstances, Judicial First Class Magistrate Court-I, Kozhikode is
directed not to insist for the presence of the petitioners in C.P.No.21 of
2009 for three months. Petitioners are at liberty to file a petition under
Section 482 of the Code of Criminal Procedure to quash the proceedings,
in case second respondent agrees for the same.
Sd/-
M.SASIDHARAN NAMBIAR
AB JUDGE