Chandran v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 Crl.MC.No. 3628 of 2015 ---------------------------------- CC 2561/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, THRISSUR CRIME NO. 230/2012 OF CHERPU POLICE STATION, TRISSUR .........

PETITIONER(S)/COMPLAINANT:

--------------------------------------------- CHANDRAN, AGED 47, S/O.SANKARAN, PERINGODU HOUSE, KANATTUKARA DESOM, NEAR SANKARANKULANGARA TEMPLE, AYYANTHOLE VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT(S)/STATE OF KERALA AND THE COMPLAINANT: -----------------------------------------------------------------------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SALINI, AGED 33, D/O.SASIDHARAN, CHAKKOTH HOUSE, KAROTTUMURI DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK, THRISSUR DISTRCT-680 001.

R1 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH R2 BY ADV. SRI.K.D.SREEVISAKH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-06-2015 ALONG WITH CRL.MC.NO.3095/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 3628 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE I : A TRUE COPY OF THE FIR IN CRIME NO.230 OF 2012 DATED 21-3-2012 OF THE CHERPU POLICE STATION.

ANNEXURE II : A TRUE COPY OF THE FINAL REPORT IN CRIME NO.230 OF 2012 OF THE CHERPU POLICE STATION, DATED 20-6-2012.

ANNEXURE III : AN AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 15-6-2015 REGARDING SETTLEMENT.

RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.3628 of 2015 -------------------------------------------- Dated this the 17th day of June 2015

O R D E R

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

2. Petitioner is accused in C.C. No.2561 of 2012 on the file of the Judicial First Class Magistrate Court-I, Thrissur. He is charged with having the offences under Secs.341, 354, 452 and 506(i) 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 2nd respondent and the learned Public Prosecutor.

4. The 2nd respondent has filed an 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 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

Crl.M.C. No.3628 of 2015 2 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.2561 of 2012 on the file of the Judicial First Class Magistrate Court-I, Thrissur are quashed.

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