Varghese, S/O.Yohannan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 Crl.MC.No. 2476 of 2015 --------------------------- CC 572/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATUPUZHA. CRIME NO. 670/2013 OF MUVATTUPUZHA POLICE STATION. ...........

PETITIONER(S)/ACCUSED 1-3:

1. VARGHESE, S/O.YOHANNAN, AGED 33 YEARS, CHEMMIKKATTU HOUSE, EAST MARADI POST, MUVATTUPUZHA-686673.

2. YOHANNAN, CHEMMIKKATTU HOUSE, EAST MARADI POST, MUVATTUPUZHA-686673.

3. MARIYAKUTTY, W/O.YOHANNAN, CHEMMIKKATTU HOUSE, EAST MARADI POST, MUVATTUPUZHA-686673.

BY ADVS.SRI.JAI GEORGE SMT.DAISY A.PHILIPOSE RESPONDENT(S):

--------------------------

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

2. DEEPA MATHEW, D/O.MATHEW, MARUTHUMCHUVATTIL HOUSE, IRUMBAYAM KARA, VELLUR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.HARISH R. MENON THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 2476 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A:

COPY OF FIRST INFORMATION REPORT IN CRIME NO. 670/2013 OF MUVATTUPUZHA POLICE STATION.

ANNEXURE B:

A TRUE COPY OF THE FINAL REPORT IN CRRIME NO.670/2013 OF MUVATTUPUZHA POLICE STATION, NOW PENDING AS CC 572/2013 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA.

ANNEXURE C:

A TRUE COPY OF THE OP.NO. 629/2014 ON THE FILES OF THE FAMILY COURT, MUVATTUPUZHA.

ANNEXURE D:

TRUE COPY OF THE AFFIDAVIT SWORN IN BY 2ND RESPONDENT DATED 4-2-2015.

RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

-------------------------------- Crl. M.C. No.2476 of 2015 ------------------------------------ Dated this the 21st day of May, 2015

O R D E R

--------------- Petitioners are accused in S.C. No.105 of 2015 on the file of the Additional Sessions Judge (for the trial of cases relating to atrocities and sexual violence against women and children) Ernakulam. They are charged with having committed the offences under Secs.312, 313, 323 and 498A of Indian Penal Code. The 1st petitioner is the husband of the 2nd respondent. The other petitioners are his parents. It is alleged that the petitioners assaulted the 2nd respondent, caused her to miscarry a child and subjected her to cruelty. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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

3. The 2nd respondent has filed an affidavit to the effect that the dispute between her and the

Crl. M.C. No.2476 of 2015 2 petitioners has been settled and she has no objection to the proceedings in the criminal case being quashed. The proceedings pending in the family court also have been settled. I am satisfied that the allegations are true. No public interest is involved in this case. So I am inclined to grant the prayer.

In the result, this Criminal M.C. is allowed. The proceedings in S.C. No.105 of 2015 on the file of the the Additional Sessions Judge (for the trial of cases relating to atrocities and sexual violence against women and children) Ernakulam are quashed. If any material objects have been produced in this case, the learned Sessions Judge may pass appropriate orders for their disposal.

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