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High Court of KeralaCrl.MC/157/2015allowed

Dr.Ignatious v. Dr.Neethu Jose

2015-01-124 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 Crl.MC.No. 157 of 2015 () -------------------------- CC. NO.1833/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR. ......

PETITIONERS/ACCUSED:

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1. DR.IGNATIOUS, ABRAHAM M.I., AGED 31 YEARS, CHIRAYATH MANIJIYIL HOUSE, PARAKODE LANE, PATTURAKKAL, THRISSUR DISTRICT.

2. ALICE, AGED 55 YEARS, CHIRAYATH MANIJIYIL HOUSE, PARAKODE LANE, PATTURAKKAL, THRISSUR DISTRICT.

3. M.I. ABRAHAM, AGED 65 YEARS, PARAKODE LANE, PATTURAKKAL, THRISSUR DISTRICT.

BY ADV. SRI.M.PREMCHAND.

RESPONDENTS/STATE AND COMPLAINANT:

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1. DR.NEETHU JOSE, AGED 25 YEARS, D/O.JOSE, MEMANA HOUSE, DEVAGIRI MEDICAL COLLEGE P.O., KOZHIKODE DISTRICT - 673 004.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SRI.M.DINESH.

R2 BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 157 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-A:

TRUE COPY OF THE COMPLAINT FILED BY THE FIRST RESPONDENT BEFORE THE JFCM COURT NO.I, THRISSUR.

ANNEXURE-B:

TRUE COPY OF THE FINAL REPORT SUBMITTED BY THRISSUR TOWN EAST POLICE BEFORE THE JFCM COURT NO.I, THRISSUR.

ANNEXURE-C:

AFFIDAVIT SWORN IN BY THE 1ST RESPONDENT.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K.ABRAHAM MATHEW, J.

= = = = = = = = = = = = Crl.M.C.No.157 of 2015.

= = = = = = = = = = = = Dated this the 12th day of January, 2015.

O R D E R The petitioners are accused in CC.No.1833/2014 on the file of the Judicial Magistrate of the First Class-I, Thrissur. They are alleged to have committed the offence under Section 498A IPC. It is submitted that the matter has been settled between the parties and it is prayed that the proceedings in the criminal case may be quashed. 2.

Heard the learned counsel for the petitioners and of the first respondent and the learned Public Prosecutor. 3.

The first petitioner is the husband of the first respondent and the other petitioners are his parents. The first respondent has entered appearance through a counsel and filed an affidavit to the effect that the matter has been settled between the parties. I have perused the allegations in the final report and the averments in the affidavit filed by the first respondent, who has entered appearance through a

Crl.M.C.No.157/2015.

counsel. I am satisfied that the allegations are true and this is a fit case to quash the proceedings in the criminal case. 4.

In the result, this petition is allowed. The proceedings in CC.No.1833/2014 on the file of the Judicial Magistrate of the First Class-I, Thrissur are quashed. Sd/- K.ABRAHAM MATHEW, (Judge) Kvs/- ( true copy )