Ebymon v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 3180 of 2015 () --------------------------- CC.NO. 114/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVAM CRIME NO. 163/2014 OF MULANTHURUTHY POLICE STATION, ERNAKULAM -------------------- PETITIONERS/ACCUSED :
--------------------------------------
1. EBYMON T.K. @ ABYMON, AGED 34 YEARS S/O.LATE KUNJAIPE T.K., THAVUMKERIYIL HOUSE ARAYANKAVU, KULAYETTIKKARA P.O., KANAYANNUR TALUK ERNAKULAM.
2. LISSY KUNJAIPE AGED 54 YEARS, W/O.LATE KUNJAIPE T.K., THAVUMKERIYIL HOUSE, ARAYANKAVU, KULAYETTIKKARA P.O., KANAYANNUR TALUK, ERNAKULAM.
BY ADV. SRI.DIPU JAMES RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
--------------------------------------------------------------------------------
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE MULANTHURUTHY POLICE STATION ERNAKULAM DISTRICT - 682 314.
3. MANJUMOL MATHEW AGED 32 YEARS, D/O.MATHEW, KANJIRAMPARAYIL HOUSE NJEZHOOR P.O., KOTTAYAM DISTRICT - 686 601.
R1 & R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R3 BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 3180 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
------------------------------------------ ANNEXURE A1 - A TRUE COPY OF THE FINAL REPORT SUBMITTED BY SUB INSPECTOR OF POLICE, MULANTHURUTHY POLICE STATION IN CRIME NO.163 OF 2014 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVAM, ERNAKULAM DISTRICT AS CC NO.114 OF 2014.
ANNEXURE A2 - A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
---------------------- Crl.M.C. No.3180 of 2015 -------------------------------------------- Dated this the 2nd day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner and the 3rd respondent are husband and wife. The other petitioner is his mother. The petitioners are accused in C.C. No.114 of 2014 on the file of the Judicial First Class Magistrate Court, Piravam. They are alleged to have subjected the 3rd respondent to cruelty and thus committed the offences under Secs.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, the 3rd respondent and the learned Public Prosecutor.
4. The 3rd 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
Crl.M.C. No.3180 of 2015 2 being quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit cast 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.114 of 2014 on the file of the Judicial First Class Magistrate Court, Piravam are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge