IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Crl.MC.No. 3991 of 2011() ------------------------- SC.826/2009 of ASSISTANT SESSIONS COURT, CHENGANNUR .................... PETITIONER(S): ACCUSED NO. 1 TO 3: --------------------------------------------------------- 1. HARIKUMAR, S/O. GOVINDA PILLA,AGED 51, KADAMATIKUTTIYIL HOUSE, PERINGELIPARAMMURIYIL, ENNAKKAD VILLAGE, ALAPPUZHA. 2. KARTHIKEYAN, S/O. GOVINDA PILLA, AGED 55, KADAMATIKUTTIYIL HOUSE, PERINGELIPARAMMURIYIL, EMMAKKAD VILLAGE, ALAPPUZHA. 3. LATHIKA, W/O. KARTHIKEYAN, AGED 51, KADAMATIKUTTIYIL HOUSE, PERINGELIPARAMMURIYIL, ENNAKKAD VILLAGE, ALAPPUZHA. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. RESPONDENT(S): DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. KRISHNA PILLAI, AGED 84, S/O. LATE MADHAVAN PILLAI, AMBILANKANDATHIL HOUSE, THULAMPARAMBU, VADAKKUMURI, HARIPPAD VILLAGE. Kss ..2/- ..2.... CRMC.NO.3991/2011 2. REMAYAMMA, W/O KRISHNA PILLAI, AMBILANKANDATHIL HOUSE, THULAMPARAMBU, VADAKKUMURI, HARIPPAD VILLAGE. 3. GEETHAKUMARI, AGED 45, W/O. K.V.RAMAKRISHNA PILLAI, MANAGALASSERY HOUSE, ANARIMURI, CHERUTHANA VILLAGE- ALAPPUZHA. 4. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV. SRI.S.R.SREEJITH R4 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3991/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1 TRUE COPY OF THE FINAL REPORT FILED BY THE MANNAR POLICE IN CRIME NO 287/2007 DTD. 31.12.2008. ANNEXURE II TRUE COPY OF THE ORDER PASSED BY THE LOK ADALAT HELD AT CHENGANNUR IN P.L.P 204/2009. ANNEXURE 111 TRUE COPY OF THE AFFIDAVITS FILED BY THE RESPONDENT NO.1 ANNEXURE IV TRUE COPY OF THE AFFIDAVITS FILED BY THE RESPONDENT NO.2 ANNEXURE V TRUE COPY OF THE AFFIDAVITS FILED BY THE RESPONDENT NO.3. RESPONDENTS' ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3991 of 2011 ----------------------------------- Dated this the 1st day of December 2011 O R D E R First petitioner/first accused is the husband of deceased Lathakumari. 2nd accused is the brother of the first accused. The 3rd accused is the wife of the 2nd accused. Charge sheet has been laid against them alleging offences punishable under Secs.498A and 306 r/w 34 IPC. First accused at the relevant time was admittedly abroad. Petitioners 2 and 3 were stated to have gone to the house of deceased Lathakumari on 21.9.2007 at 6.30 PM. Even in the charge sheet it is stated that deceased Lathakumari welcomed the 2nd and 3rd accused by certain words casting imputation against the first accused (her husband) who was abroad. The specific words used by the deceased against her husband are mentioned in the charge sheet. It would show that there was something unusual in her conduct and behaviour. It is alleged that A2 then contacted his brother (A1) who was abroad intimating as to how he and his wife Crl.M.C. No.3991 of 2011 -: 2 :- were welcomed by deceased Lathakumari. According to the prosecution, A1 being infuriated by the cruel conduct of deceased Lathakumari asked her to leave the house and also said that he did not want to continue the relationship. According to the prosecution, the accused abetted deceased Lathakumari to commit suicide. 2. Learned counsel for the petitioners would submit that by no stretch of imagination the conduct of the accused as mentioned above would amount to instigation so as drive the deceased Lathakumari to commit suicide. There was no willful conduct on the part of the accused to instigate Smt.Lathakumari to commit suicide. The deceased might be so hypersensitive to the conduct/words or there might be some behavioural disorder. It is further submitted by the learned counsel that the entire matter was settled in the Lok Adalath held at Chengannur on 19.5.2011 and that the members of the Lok Adalath were convinced of the fact that the charge against the petitioners is unsustainable. No Crl.M.C. No.3991 of 2011 -: 3 :- doubt, the case under Sec.306 IPC cannot be settled since the victim is not there to settle the matter but the fact that the near relatives of the deceased were convinced of the fact that there was no sufficient material to charge the accused for the offences punishable under Secs.306 and 498A IPC can also be taken into consideration by the court. Father, mother and sister of the deceased Lathakumari are the respondents 1 to 3 herein and they are represented in this Court by their counsel. They have filed separate affidavits stating that they have no grievance in the matter and that the matter was settled at the Lok Adalath. The entire allegations made in the charge sheet, even if accepted in its face value, do not attract the offences under Secs.306 and 498A IPC. In view of the facts and circumstances delineated earlier, this Crl.M.C. is allowed. Further proceedings against all the accused in Crime No.287/2007 of Mannar Police Station (S.C.No.826/2009 on the file of Assistant Crl.M.C. No.3991 of 2011 -: 4 :- Sessions Court, Chengannur and L.P.No.101/2010 of J.F.C.M.-I, Alappuzha) will stand quashed. N.K.BALAKRISHNAN, JUDGE. Jvt