Shibu K.C v. Bindu @ Eliyamma
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 Crl.MC.No. 355 of 2015 () -------------------------- CP 69/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,THAMARASSERY CRIME NO. 183/2014 OF KODENCHERRY POLICE STATION, KOZHIKODE DISTRICT ------------------- PETITIONERS/ACCUSED :
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1. SHIBU K.C., S/O. CHERIAN, AGED 40 YEARS KARIKOMBIL HOUSE, NOORANTHODU P.O.
CHIPPILYTHODY, KOZHIKODE DISTRICT.
2. SHERIN SHAJAN, W/O. SHAJAN, AGED 41 YEARS KARIKOMBIL HOUSE, NOORANTHODU P.O.
CHIPPILYTHODY, KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW RESPONDENTS/DEFACTO COMPLAINT & STATE :
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1. BINDU @ ELIYAMMA, W/O. ELIYAS, AGED 35 YEARS RESIDING AT KOLLAM KUDIYIL HOUSE NOORANTHODU P.O., CHIPPILYTHODY, KOZHIKODE DISTRICT-673 001.
2. THE SUB INSPECTOR OF POLICE KODENCHERRY POLICE STATION, KOZHIKODE DISTRICT-673 001.
3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 BY ADV. T.K.BABU R2 & R3 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 355 of 2015 () ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------------------------- ANNEXURE A1 - A TRUE COPY OF THE FINAL REPORT IN CP 69/2014. ANNEXURE A2 - A TRUE OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
B.KEMAL PASHA, J.
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - Crl.M.C.No.355 of 2015 A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March 2015
ORDER
The accused in C.P. No.69 of 2014 of Judicial First Class Magistrate's Court-II, Thamarassery for the offences punishable under Sections 452, 341, 323, 324, 354, 308 and 506 read with Section 34 of the I.P. C., have come up under Section 482 of the Code of Criminal Procedure, for getting Annexure -A1 final report in C.P.No.69 of 2014 in crime No.183/2014 of Kodencherry police station and all further proceedings therein, quashed.
2. The prosecution case is that on 15.10.2014 at 9.20 a.m., both the petitioners had committed trespass into the house of the defacto complainant woman, caught hold of her hand and hair and she was criminally intimidated. She escaped from their clutches
Crl.M.C.355/2015 and ran out. It is further alleged that the first petitioner hit her with a stone and beat her with a stick. The second petitioner slapped her. It is alleged that once the petitioner had made sexual overtures towards her, and she had reported the matter to the wife of the first petitioner, and it was the provocation behind the present incident.
3. According to the petitioners, the matter has been amicably between them and the defacto complainant, and the defacto complainant has no complaints against the petitioners.
4. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor.
5. Even though an offence under Section 308 of the I.P.C., is also alleged, there are no materials to invite the said offence in the present case. The parties are neighbours. Presently the matter has been settled between the parties and they are in healthy relationship at present.
Crl.M.C.355/2015
6. The first respondent herein, who is the defacto complainant, has filed an affidavit affirming that the matter has been amicably settled and she has no complaints against the petitioners. When the parties are neighbours and the matter involved is amicably settled and they are continuing in healthy relationship, I am of the view that 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 -A1 final report in C.P.No.69 of 2014, which has arisen from Crime No.183/2014 of Kodencherry police station and all further proceedings therein, are quashed.
Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge