Sooraj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Crl.MC.No. 1202 of 2015 () --------------------------- CC. NO.1596/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. CRIME NO. 1870/2013 OF PUDUKKADU POLICE STATION. ........
PETITIONERS/ACCUSED 1 TO 3:
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1. SOORAJ, AGED 28 YEARS, S/O.RAVEENDRAN, KUNNAMBATH HOUSE, THALORE DESOM, THRISSUR, NOW RESIDING AT VILLA NO.2, SREELAYAM, GREEN MEADOWS, MARY MATHA ROAD, THALOOR, THRISSUR- 680 306.
2. RAVEENDRAN, AGED 55 YEARS, KUNNAMBATH HOUSE, THALORE DESOM, THRISSUR.
3. URUVASHI, AGED 50 YEARS, W/O.RAVEENDRAN, KUNNAMBATH HOUSE, THALORE DESOM, THRISSUR.
BY ADVS.SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.BENOJ C.AUGUSTIN, SRI.VISHNU BHUVANENDRAN.
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, PUDUKKADU POLICE STATION, THRISSUR DISTRICT,
3. SNEHA, AGED 27 YEARS, D/O.PRAKASH MENON, JYOTHI HOUSE, RAVIPURAM DESOM, KOCHI.
R1 & R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R3 BY ADV. SRI.P.SATHISAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs.
Crl.MC.No. 1202 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I:
TRUE COPY OF THE FIR DATED 13.12.2013.
ANNEXURE II:
TRUE COPY OF THE FINAL REPORT DATED 30.01.2014. ANNEXURE III:
TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 29.12.2014.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
K. ABRAHAM MATHEW, J.
--------------------------- Crl.M.C. No.1202 of 2015 -------------------------------------------- Dated this the 6th day of July 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner and the 3rd respondent are husband and wife. The other petitioners are his parents. The petitioners are accused in C.C. No.1596 of 2014 on the file of the Judicial First Class Magistrate Court, Irinjalakuda. They are alleged to have subjected the 3rd respondent to cruelty, and misappropriated her properties and thus committed the offences under Secs.406 and 498A read with Sec.34 of the 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 3rd respondent and the learned Public Prosecutor.
4. The 3rd respondent has filed an affidavit to the effect that the dispute between the parties has been settled and she has no objection to the proceedings in the
Crl.M.C. No.1202 of 2015 2 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 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.1596 of 2014 on the file of the Judicial First Class Magistrate Court, Irinjalakuda are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge