Sumith Vasudevan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 1035 of 2015 --------------------------- CC.NO.204/2012 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. CRIME NO. 705/2012 OF PATHANAMTHITTA POLICE STATION. ......
PETITIONER/1ST ACCUSED:
----------------------------------------- SUMITH VASUDEVAN, S/O.M.K.VASUDEVAN,AGED 33 YEARS, SUGEETHATHIL, KARIMBANAKKUZHI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA-689 645.
BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN RESPONDENT(S)/STATE AND COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SANTHI BHASI, AGED 28 YEARS, D/O.BHASI, DURGHA BHAVAN, PALODE MUKKU, MANGAD P.O, KOLLAM-691 015, FROM PADMAVILASOM HOUSE, KILIKOLLUR PO, KOLLAM-691 004.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 1035 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
------------------------------------------ ANNEXURE A1 - CERTIFIED COPY OF THE FIR NO.705 OF 2012 OF THE PATHANAMTHITTA POLICE STATION DATED 11-06-2012. ANNEXURE A2 - CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.705 OF 2012 BY THE 1ST RESPONDENT DATED 20-11-2012.
ANNEXURE A3 - TRUE PHOTOSTAT COPY OF THE MEDIATION REPORT IN CRL.M.C.NO.2877 OF 2014 DATED 28-01-2015.
ANNEXURE A4 - TRUE PHOTOSTAT COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 02-02-2015 IN CRL.M.C.NO.2877 OF 2014.
RESPONDENT(S)' ANNEXURES:
- NIL --------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
K. ABRAHAM MATHEW, J.
---------------------- Crl.M.C. No.1035 of 2015 -------------------------------------------- Dated this the 2nd day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The petitioner was the husband of the 2nd respondent. He is the accused in C.C. No.204 of 2012 on the file of the Chief Judicial Magistrate Court, Pathanamthitta. He is alleged to have subjected the 2nd respondent to cruelty and thus committed the offences under Sec.498A read with Sec.34 of Indian Penal Code. It is submitted that the dispute between the parties has been settled. The request is to quash the proceedings in the criminal case.
3. Heard the learned counsel for the petitioner, the 2nd respondent and the learned Public Prosecutor.
4. The 2nd respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit case to
Crl.M.C. No.1035 of 2015 2 invoke the jurisdiction of this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case. In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.204 of 2012 on the file of the Chief Judicial Magistrate Court, Pathanamthitta are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge