Dileep v. 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. 3204 of 2015 () --------------------------- CRIME NO. 285/2015 OF ERAVIPURAM POLICE STATION , KOLLAM DISTRICT ------------------- PETITIONER(S)/ACCUSED 1 - 4:
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1. DILEEP, AGED 28 YEARS, S/O. BALACHANDRAN, KINATTAZHIKOM, THEKKEVILA, ERAVIPURAM.
2. ANILAKUMARI D., KINATTAZHIKOM, THEKKEVILA, ERAVIPURAM.
3. BALANDAN, KINATTAZHIKOM, THEKKEVILA, ERAVIPURAM.
4. ANUROOP, KINATTAZHIKOM, THEKKEVILA, ERAVIPURAM.
BY ADV. SRI.ARUN BABU RESPONDENT(S)/STATE AND COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION.
3. RESMI, D/O. SATHYAVRADHAN,AGED 28 YEARS, S.P.M MANDIRAM, PULIVILAKAM,VAKKAM P.O., CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM.
R1 & R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
CRMC.NO.3204/2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEX A1 CERTIFIED COPY OF THE FIR IN CRIME NO.285/2015 OF ERAVIPURAM POLICE STATION PENDING BEFORE THE JUDICIAL MAGISTRATE COURT KOLLAM-II ANNEX A2 COPY OF THE PETITION IN OP(HMA) 361 OF 2015 PENDING BEFORE THE FAMILY COURT ATTINGAL ANNEX A3 COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 7/4/2015.
RESPONDENT'S ANNEXURES:
NIL /TRUE COPY/ P.A.TO JUDGE sts
K. ABRAHAM MATHEW, J.
==================== Crl. M.C. No. 3204 of 2015 ==================== Dated this the 2nd day of June, 2015
O R D E R
Petition filed under section 482 Cr.P.C.
2. The first petitioner and the third respondent are husband and wife. The other petitioners are his close relatives. The petitioners are accused in Crime No. 285 of 2015 of Eravipuram Police Station. They are alleged to have subjected the third respondent to cruelty and thus committed the offences under section 498A and 120B 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 third respondent and the learned Public Prosecutor.
4. The third 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. 3204 of 2015 ::2::
In the result, this Crl. M.C. is allowed. The proceedings in Crime No. 285 of 2015 of Eravipuram Police Station are quashed. Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge P.A. To Judge