S.Sreejith v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Crl.MC.No. 2837 of 2015 () --------------------------- CC.NO. 955/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTAH KOLLAM DISTRICT -------------------- PETITIONER/ACCUSED:

--------------------------------------- S.SREEJITH, S/O.K.SASIDHARAN NAMBOOTHIRI, PIRAKKATTU MADOM, KAKKAKUNNU.P.O, SOORANADU THEKKU, KOLLAM.

BY ADVS.SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE.

RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. S.GOPIKA HARI, D/O.SATHYABHAMA, ONIKUTTI MADOM, VADAKKEVILA.P.O., MANAKKAD, KOLLAM-691 010.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SMT.RUBY P.PAULOSE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

Crl.MC.No. 2837 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX-A CERTIFIED COPY OF THE F.I.R.NO.31/2014 OF SOORANADU POLICE STATION ALONG WITH PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT ANNEX-B CERTIFIED COPY OF THE FINAL REPORT IN C.C.955/2014 OF JUDICIAL 1ST CLASS MAGISTRATE COURT,SASTHAMKOTTAH ANNEX-C TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED 29.9.2014 EXECUTED BEFORE DISTRICT MEDIATION CENTRE, KOLLAM ANNEX-D TRUE COPY OF AFFIDAVIT DATED 27.4.2015 OF THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES:

NIL ---------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No. 2837 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2. The petitioner is the husband of the second respondent. He is the accused in C.C. No.955 of 2014 on the file of the Judicial First Class Magistrate, Sasthamcottah. He is alleged to have committed the offences under sections 294(b), 323, 498A of IPC. It is submitted that the matter has been settled. The prayer is to quash the proceedings in the criminal case.

3. Heard the learned counsel for the petitioner 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 proceedings in the criminal case.

Crl. M.C. No. 2837 of 2015 ::2::

In the result, this Crl. M.C. is allowed. The proceedings in C.C. No. 955 of 2014 on the file of the Judicial First Class Magistrate, Sasthamcottah are quashed.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge