Biju v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 Crl.MC.No. 2341 of 2015 () --------------------------- CRIME NO. 102/2015 OF KILIKOLLOOR POLICE STATION,KOLLAM DISTRICT ------------------ PETITIONER/ACCUSED:
-------------------------------------- BIJU.M., S/O.MAIDEENKUNJU, AGED 37 YEARS, S.S.COTTAGE, VADAKKUMKARA KIZHAKKU, PADANILAM, UMAYANALLOOR P.O., KOLLAM.
BY ADV. SRI.S.SHAJI RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE:
-------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. NAJIMA .N., D/O.MAJIDA,AGED 25 YEARS, MUKHUNNALIL VEEDU, SADATH NAGAR - 100, NEAR THEKKUMKARA MOUSQUE, KILIKOLLOOR, KALLUMTHAZHAM P.O., KOLLAM - 691 001.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.P.E.ISHAQ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Crl.MC.No. 2341 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
----------------------------------------------- ANNEX A1:
TRUE COPY OF THE FIR IN CRIME NO.102/2015 OF KILIKOLLOOR POLICE STATION, KOLLAM PENDING BEFORE THE JFMC -1, KOLLAM. ANNEX A2:
TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 9/03/2015.
RESPONDENT(S)' ANNEXURES:
NIL ------------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts
K. ABRAHAM MATHEW, J.
==================== Crl. M.C. No. 2341 of 2015 ==================== Dated this the 3rd day of June, 2015
O R D E R
Petition filed under section 482 Cr.P.C.
2. The petitioner and the second respondent are husband and wife. The petitioner is accused in Crime No. 102 of 2015 of Kilikolloor Police Station. He is alleged to have subjected the second respondent to cruelty, assaulted her wrongfully restrained her and thus committed the offences under sections 498A, 323 and 341 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 second respondent and the learned Public Prosecutor.
4. The second 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
Crl. M.C. No. 2341 of 2015 ::2::
proceedings in the criminal case.
In the result, this Crl. M.C. is allowed. The proceedings in Crime No. 102 of 2015 of Kilikolloor Police Station are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge