Rajesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Crl.MC.No. 3775 of 2015 () --------------------------- CC. NO.1973/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA.

.......

PETITIONER/ACCUSED:

----------------------------------- RAJESH, AGED 34 YEARS, S/O.BALAKRISHNA PILLAI, 'SREE LEKSHMI', EDAYARANMULA P.O., ARANMULA, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.K.N.RADHAKRISHNAN (THIRUVALLA).

RESPONDENTS/COMPLAINANT:

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

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. VINEETA VENUGOPAL, AGED 32 YEARS, D/O.VENUGOPAL, 'VISHNUPRIYA', THRICHATTUKULAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN- 688 001. R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 BY ADV. SRI.RAVI KRISHNAN.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 3775 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1:- CERTIFIED COPY OF CHARGE IN CC NO. 1973/2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II. ANNEXURE 2:

AFFIDAVIT OF 2ND RESPONDENT.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. ABRAHAM MATHEW, J.

==================== Crl.M.C. No.3775 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd 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 petitioner is the accused in C.C. No.1973 of 2014 on the file of the Judicial First Class Magistrate-II,Cherthala. 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 under Section 482 Cr.P.C. to quash the proceedings in the criminal case.

Crl.M.C. No.3775 of 2015 ::2::

In the result, this Crl. M.C. is allowed. The proceedings in C.C. No.1973 of 2014 on the file of the Judicial First Class Magistrate-II,Cherthala are quashed.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge