Sunil Kumar A v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Crl.MC.No.1104 of 2015 --------------------------------- CC NO.2224/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,HOSDRUG. CRIME NO.432/2014 OF HOSDURG POLICE STATION.
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PETITIONER'S/ACCUSED:
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1. SUNIL KUMAR A., AGED 34 YEARS S/O.SASIDHARAN A., ATHIKKOTH HOUSE, CHEMMETTOM VAYAL BALLAGRAMAM, KASARAGOD DISTRICT.
2. SASIDHARAN A., AGED 57 YEARS S/O.CHERUKUNJI, ATHIKKOTH, BALLAGRAMAM KASARAGOD.
3. CHINTHAMANI, AGED 50 YEARS W/O.SUNIL KUMAR A., ATHIKKOTH, BALLAGRAMAM KASARAGOD.
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.
2. RAJANI A.,, AGED 26 YEARS D/O.P.RAJAN, BANGALAM, MADIKKAI VILLAGE KASARAGOD-676 001.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 BY ADV.SRI.NIRMAL V NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2015,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pk
Crl.MC.No.1104 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:
---------------------------------------- ANNEXURE A1:A TRUE COPY OF THE FIR IN CRIME NO.432/2014 OF HOSDURG POLICE STATION.
ANNEXURE A2:A TRUE COPY OF THE CHARGESHEET IN CRIME NO.432/2014 OF HOSDURG POLICE STATION.
ANNEXURE A3:A TRUE COPY OF THE ORDER IN MC.286/2014 BEFORE THE JFCM-I, HOSDURG.
ANNEXURE A4:AFFIDAVIT DATD 29-12-2014 SUBMITTED BY 2ND RESPONDENT. RESPONDENT'S ANNEXURES:
NIL -------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
K. ABRAHAM MATHEW, J.
--------------------------- Crl.M.C. No.1104 of 2014 -------------------------------------------- Dated this the 12th day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner is the husband of the 2nd respondent. The other petitioners are his parents. The petitioners are accused in C.C. No.2224 of 2014 on the file of the Judicial First Class Magistrate Court-I, Hosdurg. The allegation is that they have committed the offences under Secs.354 and 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 petitioners and for 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
Crl.M.C. No.1104 of 2014 2 public interest is involved in this case. This is a fit case to 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.2224 of 2014 on the file of the Judicial First Class Magistrate Court-I, Hosdurg are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge