Biju v. Sreelatha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 Crl.MC.No. 3139 of 2015 () --------------------------- CRIME NO. 2119/2014 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT ------------------ PETITIONERS/ACCUSED :
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1. BIJU, S/O. RAJENDRAN PILLAI, AGED 35, RESIDING AT MANGARATH HOUSE THAMARAKKULAM WARD, KOLLAM EAST VILLAGE.
2. RAJENDRAN PILLAI MANGARATH HOUSE, THAMARAKKULAM WARD KOLLAM EAST VILLAGE.
3. VIJAYAKUMARI MANGARATH HOUSE, THAMARAKKULAM WARD KOLLAM EAST VILLAGE.
BY ADV. SRI. P.J. JUSTINE RESPONDENTS/DEFACTO COMPLAINANT AND STATE :
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1. SREELATHA D/O. KOCHUKRISHNA PILLAI CHARUVILA KIZHAKKETHIL HOUSE, KUREEPUZHA KOLLAM WEST VILLAGE, KOLLAM-691 001.
2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 BY ADV. SRI.K.R.ARUN R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 3139 of 2015 () -------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
------------------------------------------- ANNEXURE A1 :
THE CERTIFIED COPY OF THE CRIMINAL COMPLAINT FILED BY THE 1ST RESPONDENT.
ANNEXURE A2 :
FIR AGAINST THE PETITIONERS AS CRIME NO.2119/2014 OF KOLLAM EAST POLICE STATION.
ANNEXURE A3 :
AFFIDAVIT OF THE 1ST RESPONDENT EXECUTED BEFORE A NOTARY.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
==================== Crl. M.C. No. 3139 of 2015 ==================== Dated this the 1st day of June, 2015
O R D E R
Petition filed under section 482 Cr.P.C.
2. The first petitioner and the first respondent are husband and wife. The other petitioners are his parents. The petitioners are accused in Crime No. 2119 of the 2014 of Kollam East Police Station. They are alleged to have subjected her to cruelty and uttered obscene words and thus committed the offences under section 498A and 294(b)of 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 first respondent and the learned Public Prosecutor.
4. The first 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
Crl. M.C. No. 3139 of 2015 ::2::
criminal case.
In the result, this Crl. M.C. is allowed. The proceedings in Crime No. 2119 of the 2014 of Kollam East Police Station are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judgee P.A. To Judge