Aby Philip v. Meenu Anna George

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Crl.MC.No.3542 of 2015 --------------------------------- CC NO.1305/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR.

CRIME NO.2196/2013 OF CHENGANNOOR POLICE STATION. ..

PETITIONER'S/ACCUSED:

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

ABY PHILIP,AGED 29 YEARS,S/O.D.PHILIP, 129 ABY HOUSE,100 FEET ROAD,NEW TOWN, KARAIKUDI P.O,PIN-630001.

2.

D.PHILIP,AGED 61 YEARS,S/O.DANIEL, 129 ABY HOUSE,100 FEET ROAD,NEW TOWN, KARAIKUDI P.O,PIN-630001.

3.

SARAMMA PHILIP,AGED 59 YEARS,W/O.D.PHILIP, 129 ABY HOUSE,100 FEET ROAD,NEW TOWN, KARAIKUDI P.O,PIN-630001,SIVAGANGA DISTRICT, TAMIL NADU STATE.

BY ADV.SRI.K.JAYARAJ RESPONDENT'S/COMPLAINANT AND STATE:

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

MEENU ANNA GEORGE,AGED 29 YEARS, D/O.GEORGE JOHN,PLAMOOTTIL HOUSE, ANGADICKAL,PUTHENKAVU P.O., CHENGANNUR VILLAGE,CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689121.

2.

STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,CHENGANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

R1 BY ADV.SRI.S.JAYAKRISHNAN R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.3542 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1:CERTIFIED COPY OF THE FINAL REPORT IN C.C NO.1305/2014. RESPONDENT'S ANNEXURES:

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

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.3542 of 2015 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. Petitioner is the husband of the 1st respondent. The other petitioners are his parents. The petitioners are accused in C.C. No.1305 of 2014 on the file of the Judicial First Class Magistrate Court -I, Chengannur. They are alleged to have subjected the 1st respondent to cruelty and thus committed the offence under Sec.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 and for the 1st respondent and the learned Public Prosecutor.

4. The 1st 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

Crl.M.C. No.3542 of 2015 2 public interest is involved in this case. This is a fit case 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.1305 of 2014 on the file of the Judicial First Class Magistrate Court -I, Chengannur are quashed.

K. ABRAHAM MATHEW JUDGE NS