Raju v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 Crl.MC.No. 1953 of 2015 () --------------------------- CC. NO.450/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA. CRIME NO. 714/2011 OF CHAVARA POLICE STATION, KOLLAM DISTRICT. ......
PETITIONERS/ACCUSED:
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1. RAJU, S/O.KARUNAKARAN, AGED 44 YEARS, PUTHUMANA VEEDU, PANMANA CHERRY, MAVELI. P.O., PANMANA VILLAGE, KARUNAGAPPALLY TALUK.
2. VIJAYAKUMARI, D/O.GOMATHI, AGED 46 YEARS, PUTHUMANA VEEDU, PANMANA CHERRY, MAVELI. P.O., PANMANA VILLAGE, KARUNAGAPPALLY TALUK.
3. GOMATHI, D/O.KALYANI, AGED 60 YEARS, PUTHUMANA VEEDU, PANMANA CHERRY, MAVELI. P.O., PANMANA VILLAGE, KARUNAGAPPALLY TALUK. BY ADVS.SRI.K.SIJU, SMT.S.SEETHA.
RESPONDENTS/COMPLAINANT & STATE:
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1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. PRIJI, D/O.ANANDAN, AGED 36 YEARS, ASHA BHAVAN, KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM-690 519.
R1 BY SR. PUBLIC PROSECUTOR SMT.P.A. RAZIYA.
R2 BY ADV. SRI.A.MUHAMMED RAFFI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 1953 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1TRUE COPY OF PRIVATE COMPLAINT IN C.M.P.NO.4213/2011 ON THE FILE OF JFMC, KARUNAGAPPALLY.
ANNEXURE 2THE COPY OF FIR IN CRIME NO.714/2011 OF CHAVARA POLICE STATION.
ANNEXURE 3THE COPY OF FINAL REPORT IN CRIME NO.714/2011 OF CHAVARA POLICE STATION.
ANNEXURE 4THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT REGARDING COMPROMISE DATED 12.03.2015. RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
K. SURENDRA MOHAN,J.
------------------------------- Crl.M.C. NO. 1953 OF 2015 ---------------------------------- Dated this the 17th April, 2015.
O R D E R
The petitioners, accused in crime No:714/2011 of Chavara Police Station for offences under Section 498(A), 323, 324 read with Section 34 of the Indian Penal Code have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings pending against them. The crime is at present pending as C.C.450/2015 of the Judicial First Class Magistrate's Court, Chavara. The case of the petitioners is that, the disputes have been amicably settled between the petitioners and the second respondent. The Family Cout has also passed a decree of divorce. Therefore, the petitioners seek the issue of orders quashing the criminal proceedings that are pending.
Crl.M.C.1953/2015 2.Adv.A.Mohammed Raffi appears for the second respondent. The counsel also submits that the disputes have been settled and that, there is no objection to the proceedings being quashed. The Public Prosecutor does not voice any other objections.
This Criminal M.C. Is therefore allowed. All further proceedings in C.C.450/2015 pending before the Judicial First Class Magistrate's Court, Chavara are quashed. Sd/- K. SURENDRA MOHAN Judge jj /True copy/
Crl.M.C.1953/2015