Binu v. Liya Binu @ Liya Joy

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Crl.MC.No.1694 of 2015 --------------------------------- CRIME NO.316/2015 OF ANGAMALI POLICE STATION,ERNAKULAM. ..

PETITIONER/ACCUSED:

----------------------------------- BINU,AGED 39 YEARS,S/O.ANTONY, CHITTILAPPILLY HOUSE,MOOKKANNOOR VILLAGE, ERNAKULAM DISTRICT.

BY ADVS.SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT'S/DEFACTO COMPLAINANT & STATE:

----------------------------------------------------------------------------- 1.

LIYA BINU @ LIYA JOY,AGED 25 YEARS W/O.BINU,PAYYAPPATTU HOUSE,S.J.COLONY RAMAVARMAPURAM P.O.,THRISSUR DISTRICT - 680 013. 2.

STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.

R1 BY ADV.SRI.K.I.SAGEER R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.1694 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------------------------- ANNEXURE A1:CERTIFIED COPY OF THE F.I.R. IN CRIME NO.316/2015 OF ANKAMALY POLICE STATION, ERNAKULAM DISTRICT.

ANNEXURE A2:AFFIDAVIT DATED 02.03.2015 SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES:

NIL -------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.1694 of 2015 -------------------------------------------- Dated this the 27th day of May 2015

O R D E R

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

2. The petitioner and the 1st respondent are husband and wife. He is the accused in Crime No.316 of 2015 of Ankamaly Police station. He is alleged to have subjected the 1st respondent to cruelty and assaulted her and thus committed the offences under Secs.498A and 323 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, the 1st respondent and the learned Public Prosecutor.

4. The 1st 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 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

Crl.M.C. No.1694 of 2015 2 Cr.P.C. to quash the proceedings in the criminal case. In the result, this Crl.M.C. is allowed. The proceedings in Crime No.316 of 2015 of the Ankamaly Police station are quashed.

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