P.R.Omanakuttan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 Crl.MC.No. 3501 of 2015 --------------------------------- CRIME NO. 208/2015 OF CHANDERA POLICE STATION , KASARGOD ----------------- PETITIONER(S)/ACCUSED NO.1 TO 3:
----------------------------------------------------- 1.
P.R.OMANAKUTTAN, AGED 35 YEARS, S/O.P.K.RAGHAVAN, EYYAKATTU MADAM, EYYAKATTU, VADAKKE TRIKARIPUR, KASARAGOD DISTRICT.
2.
P.K.RAGHAVAN, S/O.KANNAN NAIR, AGED 65 YEARS, EYYAKATTU MADAM, EYYAKATTU, VADAKKE TRIKARIPUR, KASARAGOD DISTRICT.
3.
OMANA P., W/O.P.K.RAGHAVAN, AGED 59 YEARS, EYYAKATTU MADAM, EYYAKATTU, VADAKKE TRIKARIPUR, KASARAGOD DISTRICT.
BY ADV. SMT.REENA ABRAHAM RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
--------------------------------------------------------------------------- 1.
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2.
STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD-671541.
3.
SAJEESHA A.V, AGED 6 YEARS, W/O.OMANAKUTTAN P.R., RESIDING AT EYYAKKATTUMADOM, EYYAKAD, UDINOOR POST, SOUTH THRIKARIPOOR, KASARAGOD DISTRICT-671349.
R1 & 2 BY PUBLIC PROSECUTOR SMT.REMA. R.
R3 BY ADV. SRI.SUBASH BOZZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 3501 of 2015 --------------------------------- APPENDIX PETITIONERS' ANNEXURE ------------------------------------- ANNEXURE A1: TRUE COPY OF FIR IN CRIME NO.208/15 OF CHANDERA POLICE STATION DATED 9/3/15 ANNEXURE A2: TRUE COPY OF AFFIDAVIT DATED 29/4/15 SWORN TO BY THE COMPLAINANT RESPONDENTS' ANNEXURE ---------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
K.ABRAHAM MATHEW J.
-------------------------------------------- Crl.M.C. NO.3501 OF 2015 ----------------------------------------------- Dated this the 11th day of June, 2015
ORDER
Petition filed under Section 482 Cr.P.C.
2.
The petitioner and the third respondent are husband and wife. The other petitioners are his parents. The petitioner is the accused in Crime No.208 of 2015 of Chandera Police Station. He is alleged to have committed the offence under Section 498A 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 3rd 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. In the result, this Crl.M.C is allowed. The proceedings in Crime No.208 of 2015 of Chandera Police Station are quashed. K.ABRAHAM MATHEW JUDGE pm