Subin v. Praveena

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 Crl.MC.No.2088 of 2015 --------------------------------- CC NO.3833/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR. CRIME NO.796/2013 OF CHERPU POLICE STATION,TRISSUR. ...

PETITIONER'S/ACCUSED:

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

SUBIN,S/O.SUBRAMANIAN,KALLAT HOUSE, PUZHUVIL MADRASSA ROAD, PUZHUVIL,THRISSUR DISTRICT.

2.

SUBRAMANIAN,S/O.VELAYUDHAN,KALLAT HOUSE, PUZHUVIL MADRASSA ROAD, PUZHUVIL,THRISSUR DISTRICT.

3.

BABY,W/O.SUBRAMANIAN,KALLAT HOUSE, PUZHUVIL MADRASSA ROAD, PUZHUVIL,THRISSUR DISTRICT.

4.

SUNITHA,W/O.CHANDRA DAS,KUNDIL HOUSE, OLLUR,THRISSUR DISTRICT BY ADV.SRI.MAHESH V.MENON RESPONDENT'S/DEFACTGO COMPLAINANT/STATE:

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

PRAVEENA,D/O.PRABHAKARAN,CHAKANDAN HOUSE, KUNDALIYOOR PO.,VATANAPILLY,THRISSUR DISTRICT-680005. 2.

STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

R1 BY ADV.SRI.R.RAVICHANDRAN R2 BY PUBLIC PROSECUTOR SMT.REMA.R.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.2088 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------------------------- ANNEXURE A:TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS.

ANNEXURE B:CERTIFIED COPY OF THE FIR IN CRIME NO.796/2013 OF CHERPU POLICE STATION.

ANNEXURE C:CERTIFIED COPY OF THE CHARGE SHEET NO.828/2013 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.I, THRISSUR.

ANNEXURE D:AFFIDAVIT EXECUTED BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES:

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

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.2088 of 2015 -------------------------------------------- Dated this the 8th day of June 2015

O R D E R

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

2. The 1st petitioner and the 1st respondent are husband and wife. The other petitioners are his parents and sister. The petitioners are the accused in C.C. No.3833 of 2013 on the file of Judicial First Class Magistrate Court-I, Thrissur. They are alleged to have subjected the second respondent to cruelty and misappropriated her properties and thus committed the offences under Secs.498A and 406 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.

2. Heard the learned counsel for the petitioners and for the 1st respondent and the learned Public Prosecutor.

3. The first respondent has filed an affidavit to the effect that the dispute has been settled and she has

Crl.M.C. No.2088 of 2015 2 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 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.3833 of 2013 on the file of Judicial First Class Magistrate Court-I, Thrissur are quashed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge