Robin William v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 Crl.MC.No.3312 of 2015 ---------------------------------- CC NO.2628/2015 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANDAPURAM.

CRIME NO.728/2014 OF PETTA POLICE STATION,THIRUVANANDAPURAM. ..

PETITIONER/ACCUSED:

----------------------------------- ROBIN WILLIAM,AGED 30 YEARS,S/O.WILLIAM, TC 80/1168,MUKKONAVILAKOM VEEDU, NEAR VETTUKADU CHURCH,VETTUKADU WARD, KADAKAMPALLI VILLAGE,THIRUVANANTHAPURAM.

BY ADV. SRI.BLAZE K.JOSE RESPONDENT'S/COMPLAINANTS:

-------------------------------------------------- 1.

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

2.

SHERIN CLERISON,W/O.ROBIN WILLIAM, AGED 30 YEARS,BLOCK NO.6,FLAT NO.323, HOUSING BOARD,EMS NAGAR,PATTOR, NOW RESIDING AT TC 80/1168,BEACH P.O., VETTUKADU,THIRUVANANTHPAURAM.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 BY ADV.SRI.M.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.3312 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------------------------- ANNEXURE-1:A TRUE COPY OF CHARGE SHEET IN CRIME NO.728/2014 OF PETTAH POLICE STATION NOW PENDING AS CC NO.2628/2015 ON THE FILE OF ACJM CURT, THIRUVANANTHAPURAM.

ANNEXURE-2:NOTARIZED AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 30.4.2015.

RESPONDENT'S ANNEXURES:

NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No. 3312 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2. The petitioner and the second respondent are husband and wife. The petitioner is the accused in C.C. No.2628 of 2015 on the file of the Additional Chief Judicial Magistrate,Thiruvananthapuram. They are alleged to have subjected the second respondent to cruelty and assaulted her and thus committed the offences under Sections 323, 324 and 498A 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 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

Crl. M.C. No. 3312 of 2015 ::2::

jurisdiction of this Court under Section 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.2628 of 2015 on the file of the Additional Chief Judicial Magistrate,Thiruvananthapuram are quashed.

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