Anuroop Patra v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 Crl.MC.No. 320 of 2015 () -------------------------- CRIME NO. 631/2013 OF KOLLAM EAST POLICE STATION, KOLLAM -------------- PETITIONERS/ACCUSED NOS.1 TO 3 :
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1. ANUROOP PATRA, AGED 29 YEARS, S/O PATRA RAGHAVAN, RESIDING AT TWINKLE SN COLLEGE JUNCTION, KOLLAM
2. PATRA RAGHAVAN, AGED 65 YEARS, S/O RAGHAVAN, RESIDING AT TWINKLE, SN COLLEGE JUNCTION, KOLLAM BY ADVS.SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS/STATE & DEFACTO COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERAKLA, ERNAKULAM 682031
2. RESHMA S.R., D/O RADHAKRISHNAN, RAMANEEYAM (SANTHI MADATHIL) VANIYAKKADUKARA KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM 682320 R1 BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.
R2 BY ADV. SRI.V.A.PRADEEP KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 320 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE 1:
TRUE COPY OF THE FIR DATED 27.03.2013 IN CRIME NO. 631 OF 2013 OF THE EAST POLICE STATION,KOLLAM.
ANNEXURE A2:
TRUE COPY OF THE ORDER IN OP CRL. NO.7 OF 2014 ON 27.08.2014 WITH MEDIATION REPORT AND AGREEMENT OF THIS HON'BLE COURT RESPONDENT(S)' EXHIBITS :
NIL.
--------------------------------------- //TRUE COPY// P.S. TO JUDGE bp
B.KEMAL PASHA, J.
................................................................ CRL. M.C. No.320 of 2015 ............................................................... Dated this the 19th day of January, 2015
O R D E R
Petitioners are A1 to A3 in Crime No.631/13 of the East Police Station, Kollam registered for the offences punishable under Sections 313, 315, 316, 345, 354 and 498A read with Section 34 of the Indian Penal Code.
2.
Petitioners have come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure-I F.I.R. in Crime No.631/13 of the East Police Station, Kollam and all further proceedings pursuant thereto, quashed.
3.
The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner, and treated her with cruelty within the meaning of Section 498A IPC, by demanding
CRL.M.C.No.320 of 2015 -: 2 :- more dowry, and that they have carried out miscarriage and outraged the modesty of the defacto complainant. 4.
Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor. 5.
According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled through a mediation settlement agreement and presently the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed. 6.
It seems from Annexure 2 judgment of this Court that all the matters in dispute between the defacto complainant and the petitioners have been amicably settled. The defacto complainant has entered appearance through her counsel.
7.
When all the matrimonial disputes have been settled between the parties and as the defacto complainant
CRL.M.C.No.320 of 2015 -: 3 :- has no complaints against the petitioners, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-I F.I.R. in Crime No.631/13 of the East Police Station, Kollam and all further proceedings pursuant thereto, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge