Mallika 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. 3563 of 2015 --------------------------------- CC 1433/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, PALAKKAD CRIME NO. 631/2014 OF KASABA POLICE STATION, PALAKKAD .........

PETITIONER(S)/ACCUSED:

-------------------------------------- MALLIKA, AGED 40 YEARS, W/O. BALAKRISHNAN, PONNUMURI BHAVAN, PARA, ELAPPALLY, PALAKKADU.

BY ADV. SMT.V.SHYLAJA RESPONDENT(S):

--------------------------

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

2. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PALAKKAD.

3. PARVATHI K., AGED 45 YEARS, W/O UNNIKRISHNAN, PADINJARE VEEDU, NELLIMEDU, OMAYAMPALLAM, VENDODI P.O., EDAPPALLY, PALAKKAD.

R1 & R2 BY PUBLIC PROSECUTOR SMT.REMA R.

R3 BY ADV. SRI.A.T.ANILKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 3563 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A: THE TRUE COPY OF THE FIR.

ANNEXURE B: THE TRUE COPY OF THE FINAL REPORT. ANNEXURE C: THE TRUE COPY OF THE AFFIDAVIT OF 3RD RESPONDNET. RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.3563 of 2015 -------------------------------------------- Dated this the 15th day of June 2015

O R D E R

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

2. Petitioner is the sole accused in C.C. No.1433 of 2014 on the file of the Judicial First Class Magistrate Court-I, Palakkad. He is charged with having committed the offences under Secs.420 and 468 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 petitioner and for the 3rd respondent and the learned Public Prosecutor.

4. The 3rd respondent has filed affidavit to the effect that the dispute between the parties has been settled and she has no objection to the proceedings in the criminal case being quashed. I have perused the affidavit. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit case to invoke

Crl.M.C. No.3563 of 2015 2 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.1433 of 2014 on the file of the Judicial First Class Magistrate Court-I, Palakkad are quashed.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A To Judge