Shiju v. Regha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Crl.MC.No. 1154 of 2015 () --------------------------- CC.NO. 2711/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR ----------------------- PETITIONERS/ACCUSED :
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1. SHIJU, AGED 29 YEARS S/O. RAVEENDRANATH, EDASSERY VALAPPIL HOUSE FLAT NO. 107, THANDEL NIVAS, PADA NO. 3 NEAR LAKKIDI POOL, LOKAMANYA NAGAR, THANE WEST MUMBAI, PIN- 400 606.
2. SARADHA RAVEENDRANATH, AGED 54, W/O. RAVEENDRANATH, EDASSERY VALAPPIL HOUSE FLAT NO. 107, THANDEL NIVAS, PADA NO. 3 NEAR LAKKIDI POOL, LOKAMANYA NAGAR, THANE WEST MUMBAI, PIN - 400 606.
BY ADV. SRI. V. BINOY RAM RESPONDENTS/DEFACTO COMPLAINANT/COMPLAINANT : --------------------------------------------------------------------------------------
1. REGHA K.G., AGED 24 YEARS D/O.K.V. GOPI, KOPPAYIL HOUSE, VILVATTOM VILLAGE PLAVINKOOTTAM ROAD, VIYYUR, THRISSUR, PIN - 680010.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.K.D.BABU (KOTTACKAL) R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 1154 of 2015 () APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE 1 : COPY OF THE FIR IN CR. 782/2013 OF VIYYUR POLICE STATION NOW PENDING AS CC 2711/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. I, THRISSUR. ANNEXURE 2 CERTIFIED COPY OF THE CHARGE SHEET IN CR. 782/2013 OF VIYYUR POLICE STATION NOW PENDING AS CC 2711/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. I, THRISSUR.
ANNEXURE 3 COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
--------------------------- Crl.M.C. No.1154 of 2015 -------------------------------------------- Dated this the 5th day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner and the 1st respondent are husband and wife. The 2nd petitioner is his mother. The petitioners are the accused in C.C. No.2711 of 2013 on the file of Judicial First Class Magistrate Court-I, Thrissur. The petitioners are alleged to have subjected the second respondent to cruelty and thus committed the offence 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 petitioners and for the 1st respondent and the learned Public Prosecutor.
4. The 1st 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
Crl.M.C. No.1154 of 2015 2 quashed. I am satisfied that the allegation is true. No 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.1437 of 2009 on the file of Judicial First Class Magistrate Court-II, Kottarakkara are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge