Saravanadas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Crl.MC.No. 1536 of 2015 () --------------------------- CC.NO. 1077/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR CRIME NO. 939/2013 OF MANNAR POLICE STATION, ALAPPUZHA ------------------ PETITIONER/ACCUSED 1 AND 2 :
------------------------------------------------
1. SARAVANADAS, AGED 45 YEARS S/O.SUBAYYA, SARAVANA BHAVAN, MUTTAMPADU KUTTAMPEROOR, MANNAR, CHENGANNUR ALAPPUZHA.
2. BEENA, AGED 41 YEARS W/O.SUDEVAN, MUTTAMPADU VEEDU, KUTTAMPEROOR MANNAR, CHENGANUR, ALAPPUZHA.
BY ADVS.SRI.K.SHAJ SRI.SAJJU S.
RESPONDENTS/STATE AND CW1 :
--------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. USHA KUMARY, AGED 40 YEARS, D/O.CHELLAMMA, KOLACHIRAPUTHENPARAMBIL HOUSE,, CHINGAVANAM P.O., NATTAKAM, KOTTAYAM - 686 009. R1 BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH R2 BY ADV. SRI.SERGI JOSEPH THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 1536 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
-------------------------------------------- ANNEXURE A1:
THE TRUE COPY OF THE CHARGE SHEET IN CC NO.1077/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHENGANNUR.
ANNEXURE A2:
AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES.
RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
---------------------- Crl.M.C. No.1536 of 2015 -------------------------------------------- Dated this the 25th day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner and the 2nd respondent are husband and wife. The other petitioner is his close relative. The petitioners are the accused in C.C. No.1077 of 2014 on the file of the Judicial First Class Magistrate Court-I, Chengannur. They are alleged to have subjected the 2nd respondent to cruelty and assaulted her and thus committed the offences under Secs.498A and 323 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 2nd respondent and the learned Public Prosecutor.
4. The 2nd respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being
Crl.M.C. No.1536 of 2015 2 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.1077 of 2014 on the file of the Judicial First Class Magistrate Court-I, Chengannur are quashed.
Sd/- K.ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge