Shaji v. Renjini

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 Crl.MC.No. 1315 of 2015 () --------------------------- CC 644/2011 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HARIPAD PETITIONER/1ST ACCUSED:

----------------------- SHAJI, SHAJI BAHAVAN, MAHADEVIKADU P.O., KARTHIKAPPALLY, HARIPAD.

BY ADVS.SRI.P.SREEKUMAR SRI.S.PRASANTH RESPONDENTS/COMPLAINANTS:

-------------------------

1. RENJINI, THAIPARAMBIL KIZHAKKATHIL, VEETTIL, ERIKAVU MURI, KUMARAPURAM, VILLAGE, ERIKAVU P.O., HARIPAD.

2.

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

R1 BY ADV. SRI.S.KRISHNAMOORTHY R2 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1315 of 2015 () APPENDIX PETITIONER'S ANNEXURES:

A1 COPY OF THE FIRST INFORMATION REPORT AND CHARGE SHEET IN CRIME NO.195 OF 2008 OF THRIKKUNNAPPUZHA POLICE STATION. A2 COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT. RESPONDENTS' ANNEXURES:

NIL // True Copy // P.A. To Judge

B.KEMAL PASHA, J.

====================== Crl.M.C. No.1315 of 2015 ======================= Dated this the 7th day of December, 2015

O R D E R

Petitioner is the accused in C.C.No.644 of 2011 of the Judicial First Class Magistrate's Court-I, Haripad, which has arisen from Crime No.195 of 2008 of the Thrikkunnapuzha Police Station, registered for the offences punishable under Sections 406, 498A and 294(b) read with Section 34 IPC. 2.

Before the Adalath, the matter has been amicably settled between the petitioner and the defacto complainant, who is the 1st respondent herein. Being a matrimonial offence, this Court is of the view that the settlement arrived at between the parties can only be accepted. The defacto complainant has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between her and the petitioner and she has no complaints against the petitioner.

3.

No criminal antecedents have been reported against

Crl.M.C. No.1315 of 2015 the petitioner. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.644 of 2011 pending before the Judicial First Class Magistrate's Court-I, Haripad, as against the petitioner, based on Annexure-A1 First Information Report and the Final Report in Crime No.195 of 2008 of the Thrikkunnapuzha Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.644 of 2011 pending before the Judicial First Class Magistrate's Court-I, Haripad, as against the petitioner, based on Annexure-A1 First Information Report and the Final Report in Crime No.195 of 2008 of the Thrikkunnapuzha Police Station, are hereby quashed. Sd/- B.KEMAL PASHA JUDGE // True Copy // P.A. To Judge