Subashkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Crl.MC.No. 3718 of 2015 --------------------------- CRIME NO. 1290/2014 OF NOORANADU POLICE STATION, ALAPPUZHA DISTRICT. ..........

PETITIONERS/ACCUSED 1 & 2:

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

1. SUBASHKUMAR, AGED 39 YEARS, S/O.BHASKARAN NAIR, SREE NILAYAM VEETTIL, PEROOR KARAZHMA MURI, CHARUMMODU, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

2. SUMATHIAMMA, AGED 65 YEARS, W/O.BHASKARAN NAIR, RAJESH BHAVANAM, PEROOR KARAZHMA MURI, CHARUMMOODU, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

BY ADVS.SRI.R.PADMAKUMAR SRI.P.ARAVIND RESPONDENTS/STATE & COMPLAINANT:

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

1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

2. JAYALAKSHMI, AGED 30 YEARS, W/O.SUBASHKUMAR, SREENILAYAM VEETTIL, PEROOR KARAZHMA MURI, CHARUMMOODU, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN-688582. R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.N.ASHOK KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 3718 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE-A1 :

TRUE COPY OF THE FIR & FIS IN CRIME NO.1290/2014 OF NOORANADU POLICE STATION.

ANNEXURE-A2 :

AFFIDAVIT TO THE 2ND RESPONDENT.

RESPONDENTS'

ANNEXURE S :

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

K. ABRAHAM MATHEW, J.

==================== Crl.M.C. No. 3718 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd 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 other petitioner is his mother. The petitioners are accused in Crime No.1290 of 2014 of Nooranadu Police Station. They are alleged to have subjected the second respondent to cruelty and thus committed the offences under sections 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 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 jurisdiction of this Court

Crl.M.C. No. 3718 of 2015 ::2::

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.1290 of 2014 of Nooranadu Police Station are quashed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge