Suresh O.P. v. V.K.Jalaja
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 2511 of 2015 --------------------------- CC 1791/2014 OF JUDICIAL FIRST CLASS MAGISTRATE NO.I, PALAKKAD. CRIME NO. 607/2014 OF KOTTAYI POLICE STATION, PALAKKAD. ............
PETITIONER(S)/ACCUSED NO.1 & 2:
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1. SURESH O.P., AGED 47 YEARS, S/O.SREEDHARAN NAIR, MANAYANGATHKULAM VEEDU PARUTHIPPULLY, PALAKKAD DISTRICT.
2. CHANDRAMATHI, AGED W/O.SREEDHARAN NAIR, MANAYANGATHKULAM VEEDU, PARUTHIPPULLY, PALAKKAD DISTRICT.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE:
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1. V.K.JALAJA, AGED 42 YEARS, W/O.O.P.SURESH, VALLATT HOUSE, PARALI P.O., PALAKKAD DISTRICT-678545.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.P.M.RAFIQ R2 BY PUBLIC PROSECUTOR SMT.REMA.R THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 2511 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:
---------------------------------------- ANNEXURE A :
THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.607/2014 OF KOTTAYI POLICE STATION OF PALAKKADN DISTRICT IN C.C.NOL.1791/2014 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE NO.I, PALAKKAD.
ANNEXURE B :
AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT.
RESPONDENTS' ANNEXURES:
NIL.
//TRUE COPY// P.S. TO JUDGE mbr/
K. ABRAHAM MATHEW, J.
--------------------------- Crl.M.C. No.2511 of 2015 -------------------------------------------- Dated this the 9th day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner is the husband of the 1st respondent. The 2nd petitioner is his mother. The petitioners are accused in C.C. No.1791 of 2014 on the file of the Judicial First Class Magistrate Court-I, Palakkad. They are charged with having committed the offence under Sec.498A read with Sec.34 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.
3. Heard the learned counsel for the petitioners and for the 1st respondent and the learned Public Prosecutor.
4. The 1st 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
Crl.M.C. No.2511 of 2015 2 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.1791 of 2014 on the file of the Judicial First Class Magistrate Court-I, Palakkad are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge