Rejin T S v. Amrutha Dev
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 Crl.MC.No. 1957 of 2015 () --------------------------- CC.NO. 1070/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR CRIME NO. 533/2013 OF PARIPPALLY POLICE STATION,KOLLAM DISTRICT ------------------ PETITIONER(S)/1 TO 3RD ACCUSED:
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1. REJIN T.S., AGED 30 YEARS,S/O.N.THULASEEDHARAN, NOW RESIDING AT CHANTHRAKANTHAM, MYLAVILA CHERRY, PARIPPALLY VILLAGE, PUTHANKULAM.P.O., KOLLAM DISTRICT-691 302.
2. N.THULASEEDHARAN, AGED 65 YEARS, S/O.NARAYANAN, NOW RESIDING AT CHANTHRAKANTHAM, MYLAVILA CHERRY, PARIPPALLY VILLAGE, PUTHANKULAM.P.O., KOLLAM DISTRICT-691 302.
3. SULEKHA, AGED 55 YEARS,W/O.N.THULASEEDHARAN, NOW RESIDING AT CHANTHRAKANTHAM, MYLAVILA CHERRY, PARIPPALLY VILLAGE, PUTHANKULAM.P.O., KOLLAM DISTRICT-691 302.
BY ADV. SRI.V.A.AJIVAS RESPONDENT(S)/COMPLAINANT AND STATE :
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1. AMRUTHA DEV S.S, AGED 23 YEARS, D/O.R.SAHADEVAN, RESIDING AT THIRUVONAM, PARAVUR.P.O., KURUMANDAL, PARAVUR VILLAGE, KOLLAM DISTRICT- 691 301.
2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SMT.M.MANJU (KADAKKAL) R2 BY PUBLIC PROSECUTOR SMT. R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Crl.MC.No. 1957 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
--------------------------------------------- ANNEX ATRUE COPY OF THE CHARGE SHEET IN CRIME NO.533/2013 OF PARIPPALLY POLICE STATION IN C.C.NO.1070/2013 OF J.F.M.C.I, PARAVUR, KOLLAM DISTRICT.
ANNEX BTRUE COPY OF AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT. RESPONDENT(S)' ANNEXURES:
NIL ------------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts
K. ABRAHAM MATHEW, J.
==================== Crl. M.C. No. 1957 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2015
O R D E R
Petition filed under section 482 Cr.P.C.
2. The petitioner and the first respondent are husband and wife. The other petitioners are his parents. The petitioners are accused in C.C. No.1070 of 2013 on the file of the Judicial First Class Magistrate-I,Paravur. They are alleged to have subjected the first respondent to cruelty and thus committed the offences under sections 498A of IPC. 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 first respondent and the learned Public Prosecutor.
4. The first 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 Section 482 Cr.P.C. to quash the proceedings in the
Crl. M.C. No. 1957 of 2015 ::2::
criminal case.
In the result, this Crl. M.C. is allowed. The proceedings in C.C. No.1070 of 2013 on the file of the Judicial First Class Magistrate-I,Paravur are quashed.
Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge