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High Court of KeralaCrl.MC/195/2015allowed

Roni Babu v. Ansu Mariam

2015-01-135 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Crl.MC.No. 195 of 2015 () -------------------------- CC.NO.1008/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,RANNI CRIME NO. 1307/2013 OF RANNI POLICE STATION , PATHANAMTHITTA DISTRICT ------------------------ PETITIONERS/ACCUSED :

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1. RONI BABU, AGED 31 YEARS, S/O.LATE BABU CHACKO, RESIDING AT THUMPAMON THOPPILL VEEDU, KANAKAPPALAM.P.O., ERUMELY, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

2. ALICE BABU, AGED 57 YEARS, W/O.LATE BABU CHACKO, RESIDING AT THUMPAMON THOPPILL VEEDU, KANAKAPPALAM.P.O., ERUMELY, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

3. FR. C.S.MATHEW, AGED 44 YEARS, S/O.C.S.SAMUEL, CHENGOTTAYIL VEEDU, KANAKAPPALAM.P.O., ERUMELY, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.V.SETHUNATH RESPONDENT(S)/COMPLAINANT/DE-FACTO COMPLAINANT/INJURED/STATE : -----------------------------------------------------------------------------------------------------------------

1. ANSU MARIAM, AGED 29 YEARS, D/O.VARGHESE, RESIDING AT KATTUPURAYIDATHIL HOUSE, THEKKEPPURAM, THOTTAMON MURI & VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT,PIN-689 662

2. THE SUB INSPECTOR, RANNI POLICE STATION, RANNI,PIN-689 662

3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031 R1 BY ADV. SRI.V.R.MANORANJAN (MUVATTUPUZHA) R2 & R3 BY PUBLIC PROSECUTOR SRI.JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

CRL.M.C.NO.195/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE FINAL REPORT IN CRIME NO.1307/2013 OF RANNI POLICE STATION, NOW PENDING AS C.C.NO.1008/2014 ON THE FILE OF THE J.F.C.M., RANNI.

ANNEX 2 COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT IN CRIME NO.1307/2013 OF RANNI POLICE STATION.

RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.S.TO.JUDGE sts

K.ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 195 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2015

O R D E R

The petitioners are the accused in C.C. No.1008/2014 on the file of the Judicial First Class Magistrate Court, Ranni. They are alleged to have committed the offences under Sections 406 & 498 IPC. It is submitted that the matter has been settled between the petitioners and the victim and the proceedings in the criminal case may be quashed.

2. Heard the learned counsel for the petitioners, the de facto complainant and the learned Public Prosecutor.

3. The first petitioner is the husband of the victim, who is the first respondent. She has entered appearance through counsel and filed an affidavit to the effect that the matter has been settled between the parties. The second petitioner is the mother and the 3rd petitioner is the brother-in-law of the first petitioner. I have perused the affidavit. I am satisfied that the allegation is true and no public interest is involved in the case.

Crl.M.C. No.195 of 2014 : 2 :

It is only proper that the proceedings in the criminal case are quashed.

4. In the result, the proceedings in C.C. No.108/2014 on the file of the Judicial First Class Magistrate Court, Ranni, are quashed.

Sd/- K.ABRAHAM MAHTEW, Judge.

dpk /true copy/ PS to Judge.

Crl.M.C. No.195 of 2014 : 3 :