James v. Tincy

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Crl.MC.No. 3799 of 2015 () --------------------------- CC. NO.2510/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THRISSUR.

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PETITIONERS/ACCUSED:

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1. JAMES, AGED 33 YEARS, S/O.JOSE, PADICKAL HOUSE, OLLUR VILLAGE DESOM, THRISSUR TALUK.

2. JOSE, AGED 62 YEARS, S/O.CHAKKUNNI, PADICKAL HOUSE, OLLUR VILLAGE DESOM, THRISSUR TALUK.

3. TREESA, AGED 56 YEARS, W/O.JOSE, PADICKAL HOUSE, OLLUR VILLAGE DESOM, THRISSUR TALUK.

4. BESSY, AGED 30 YEARS, D/O.JOSE & W/O.BINU, PADICKAL HOUSE, OLLUR VILLAGE DESOM, THRISSUR TALUK.

BY ADV. SRI.THOMAS J.ANAKKALLUNKAL..

RESPONDENTS/COMPLAINANT & STATE:

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1. TINCY, AGED 23 YEARS, D/O.ANTONY, PADAMATTUMMAL HOUSE, KOTTANALLOOR VILLAGE DESOM, MUKUNDAPURAM TALUK, PIN-680 101.

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

R1 BY ADV. SRI.V.C.SARATH.

R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 3799 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 :

TRUE COPY OF THE FINAL REPORT IN CC.NO.2510/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THRISSUR.

ANNEXURE 2 :

AFFIDAVIT SWORN BY THE 1ST RESPONDENT.

RESPONDENT'S ANNEXURES:- NIL.

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

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.3799 of 2015 -------------------------------------------- Dated this the 24rd day of June 2015

O R D E R

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

2. The 1st petitioner and the 1st respondent are husband and wife. The other petitioners are his parents and sister. The petitioners are accused in C.C. No.2510 of 2014 on the file of the Judicial First Class Magistrate Court-III, Thrissur. They are alleged to have subjected the 1st respondent to cruelty, assaulted and threatened her and misappropriated her properties and thus committed the offences under Secs.323, 406, 498A and 506(ii) read with Sec.34 of the 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

Crl.M.C. No.3799 of 2015 2 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 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.2510 of 2014 on the file of the Judicial First Class Magistrate Court-III, Thrissur are quashed.

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