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High Court of KeralaCrl.MC/1430/2015allowed

Biju v. Sheena Mathew

2015-07-08Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 Crl.MC.No. 1430 of 2015 () --------------------------- SC.NO. 453/2011 OF SESSIONS COURT, PATHANAMTHITTA CRIME NO. 314/2007 OF PANDALAM POLICE STATION , PATHANAMTHITTA DISTRICT ------------------------ PETITIONER(S)/ACCUSED 1 & 2:

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1. BIJU,S/O.OMMEN, AGED 42 YEARS, THAZHAEMURRIYIL HOUSE, KURAMBALA VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT.

2. PONNAMMA, W/O. OMMEN CHACKO, AGED 77 YEARS, THAZHAEMURRIYIL HOUSE, KURAMBALA VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.A.C.DEVY RESPONDENT(S)/COMPLAINANT & STATE :

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1. SHEENA MATHEW, W/O.BIJU OMMEN, AGED 42 YEARS, THAZHAEMURRIYIL HOUSE, KURAMBALA VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT,PIN-689 693

2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 R1 BY ADV. SRI.LIJO VARGHESE R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

Crl.MC.No. 1430 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

--------------------------------------------- ANNEX A:

THE TRUE COPY OF THE RELEVANT PAGES OF FIR AND CHARGE SHEET SUBMITTED BEFOE JFCM, ADOOR IN CRIME NO.314/2007 ANNEX B:

THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINAT RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

==================== Crl. M.C.No. 1430 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

Petitioners are accused in Sessions Case No. 453 of 2011 on the file of the Sessions Court, Pathanamthitta. First petitioner is the husband of the first respondent and the other petitioner is his mother. Petitioners are charged with having committed the offence under Section 498A IPC. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

3.

Heard the learned counsel for the petitioners and for the first respondent and the learned Public Prosecutor. 4.

The first 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. I am satisfied that no public interest is involved in this case. This is a fit case to invoke the jurisdiction of this Court under Section 482 Cr.P.C. to quash the proceedings in the criminal case.

In the result, this Crl. M.C. is allowed. The proceedings in

Crl. M.C.No. 1430 of 2015 ::2::

Sessions Case No. 453 of 2011 on the file of the Sessions Court, Pathanamthitta and C.P. No. 24 of 2014 on the file of the Judicial First Class Magistrate, Adoor are quashed.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge