Sobhakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 Crl.MC.No. 1277 of 2015 ------------------------------------ C.C.NO.102 OF 2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEDUMANGAD ----------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ SOBHAKUMAR, AGED 51 YEARS, S/O.GOPINATHAN NAIR, SANTHI NIVAS, VANDANOORKULATH, RUSSALPURAM WARD, MARANALLOOR VILLAGE.

BY ADVS.SRI.ABRAHAM P.GEORGE SMT.M.SANTHY RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. GEETHA G.NAIR, D/O.VASANTHI GOPI, C.C.NO.16/280, EVRA-411, ESWARAVILASAM ROAD, THYCAD VILLAGE, THIRUVANANTHAPURAM.

R1 BY PUBLIC PROSECUTOR SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 1277 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

THE CERTIFIED COPY OF THE FIR IN CRIME NO.194/2010 OF VATTIYOORKAVU POLICE STATION.

ANNEXURE A2:

THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE IN C.C.NO.102/2011 IN THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD.

ANNEXURE A3:

THE AFFIDAVIT SIGNED BY DE-FACTO COMPLAINANT DATED 11.02.2015.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.1277 of 2015 -------------------------------------------- Dated this the 11th day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. The petitioner and the 2nd respondent are husband and wife. The petitioner is the accused in C.C. No.102 of 2011 on the file of Judicial First Class Magistrate Court-II, Nedumangad. He is charged with having committed the offence under Sec.498A 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 and for the 2nd respondent and the learned Public Prosecutor.

4. The 2nd 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 criminal case being quashed. I am satisfied that the allegation is true. No public interest is involved in this

Crl.M.C. No.1277 of 2015 2 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.102 of 2011 on the file of Judicial First Class Magistrate Court-II, Nedumangad are quashed.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A To Judge