Sudheer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 Crl.MC.No. 830 of 2015 ------------------------------- CC 1829/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, NEDUMANGAD CRIME NO. 666/2014 OF ARYANAD POLICE STATION, THIRUVANANDAPURAM ..........

PETITIONER(S)/ACCUSED:

-------------------------------------- SUDHEER, AGED 31 YEARS, S/O.ALIYARU KUNJU, VADAKKUMKARA SUMI MANZIL PUTHENVEEDU, KADIYOORKONAM, CHANGAMURI, VELLANADU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.G.SUDHEER RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. SAJNA, AGED 20 YEARS, D/O.NAZEENA BEEVI, ERAYAMCODE, THADATHARIKATHU VEEDU, KAPIKKADU, KONNIYOOR MURI, PERUMKULAM VILLAGE, NEDUMANGADU TALUK - 695 001.

R1 BY PUBLIC PROSECUTOR SRI.JIBU P. THOMAS R2 BY ADV. SRI.S.K.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 830 of 2015 ------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A: CERTIFY COPY OF FIR IN CRIME NO.666/14 OF ARYANADU POLICE STATION PENDING BEFORE JFMC-I, NEDUMANGADU.

ANNEXURE B: CERRTIFY COPY OF THE FINAL REPORT PENDING BEFORE JFMC-I, NEDUMANGADU.

ANNEXURE C: COPY OF THE COMPROMISE PETITION IN MC 216.14 ON THE FILE OF FAMILY COURT, NEDUMANGADU.

ANNEXURE D: ORIGINAL OF AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT BEFORE NOTARY PUBLIC.

RESPONDENT(S)' ANNEXURES:

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

B.KEMAL PASHA, J.

================ ======================= Dated this the 19th day of February, 2015

O R D E R

Petitioner is the accused in Crime No.666 of 2014 of the Aryanad Police Station, Thiruvananthapuram District, registered for the offences punishable under Sections 143, 147, 498A read with Section149, and 120B of the Indian Penal Code.

2. Petitioner has come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure-A FIR and Annexure-B Final Report in Crime No.666 of 2014 of the Aryanad Police Station, Thiruvananthapuram District, and all further proceedings based on it in C.C.No.1829 of 2014 pending before the Judicial First Class Magistrate's Court-I, Nedumangadu, quashed. 3.

The allegation against the petitioner is that he has tortured and harassed the defacto complainant, who is the wife of the petitioner, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry. 4.

Heard learned counsel for the petitioner, the learned

counsel for the defacto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor.

5.

According to the petitioner, all the matters in dispute between the petitioner and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioner and, therefore, the proceedings against the petitioner may be quashed.

6.

The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioner have been amicably settled and, therefore, she has no complaints against the petitioner, and, hence, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact that the affidavit has been sworn in by the defacto complainant on her own volition.

7. When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no

complaints against the petitioner, 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-A FIR and Annexure-B Final Report in Crime No.666 of 2014 of the Aryanad Police Station, Thiruvananthapuram District, and all further proceedings based on it in C.C.No.1829 of 2014 pending before the Judicial First Class Magistrate's Court-I, Nedumangadu, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE stu //True copy// P.A to Judge