Renjith v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 Crl.MC.No. 1325 of 2015 ---------------------------------- CP 17/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR CRIME NO. 16/2009 OF KUTTIPURAM POLICE STATION , MALAPPURAM ------------------ PETITIONER(S)/ACCUSED:
------------------------------------- RENJITH, AGED 34 YEARS, S/O.MANALIL KUNHIKUTTAN, MANALIL HOUSE, VALLIKUNNU P.O., KADALUNDI NAGARAM, MALAPPURAM DISTRICT.
BY ADVS.SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S)/COMPLAINANT/STATE:
---------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA.
2. BHAGEERATHY DEVI, AGED 26 YEARS, W/O.RENJITH, MANALIL HOUSE, VALLIKUNNU P.O.
KADALUNDI NAGARAM, MALAPPURAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.T.K.VIPINDAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 1325 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A: THE TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR ANNEXURE B: THE TRUE COPY OF THE FIR DATED 14/1/2009 IN CRIME NO.16-2009 OF KUTTIPURAM POLICE STATION ANNEXURE C: THE CERTIFIED COPY OF THE FINAL REPORT LAID BY THE POLICE BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR.
ANNEXURE D: THE TRUE COPY OF THE DEPOSITION OF THE 2ND RESPONDENT HEREIN HAS PW3 IN CP NO.17/2010.
ANNEXURE E: THE ORIGINAL AFFIDAVIT EXECUTED BY THE DEFACTO COMPLAINANT HEREIN RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.1325 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2015
O R D E R
Petition filed under Section 482 Cr.P.C.
2.
The petitioner is the husband of the second respondent.
3.
The case was registered on the allegations that prior of their marriage he had committed the rape on her. It is submitted that the matter has been settled. The prayer is for to quash the proceedings in CP.No.17/2010 (LP.No.27/2014) 4.
Heard the learned counsel for the petitioner and for the second respondent and the learned Public Prosecutor.
5.
The second respondent has filed an affidavit to the effect that the matter has been settled and she has no objection to the proceedings in the criminal case being quashed. Having regard to the special circumstances of the case I am inclined to grant the prayer of the petitioner as no public interest is involved.
In the result, this Crl.M.C is allowed and the
CRL.M.C.No.1325 OF 2015 proceedings in CP.17/2010 which has been renumbered as LP.No.27/2014 are quashed.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge