Suresh v. Manju

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.3801 of 2015 --------------------------------- CRIME NO.460/2015 OF WADAKKANCHERRY POLICE STATION,PALAKKAD. ..

PETITIONER'S/ACCUSED NOS. 1 TO 3:

-------------------------------------------------------- 1.

SURESH,AGED 44 YEARS,S/O.VELAYUDHAN, MICHARAMKODE VEEDU,ANJUMOORTHY P.O, PALAKKAD.

2.

REJI JOSEPH,AGED 42 YEARS,S/O.JOSEPH, MELATTUKUNNEL VEEDU,ANJUMOORTHY P.O, PALAKKAD.

3.

MARY,AGED 64 YEARS,W/O.JOSEPH,MELATTUKUNNEL VEEDU, ANJUMOORTHY P.O,PALAKKAD.

BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT'S/DEFACTO COMPLAINANT AND STATE:

--------------------------------------------------------------------------------- 1.

MANJU,AGED 35 YEARS,W/O.REJI JOSEPH, MELATTUKUNNEL VEEDU,ANJUMOORTHY P.O, PALAKKAD-678 682.

2.

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

R1 BY ADV.SRI.P.M.RAFIQ 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:

pk

Crl.MC.No.3801 of 2015 ---------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE A:TRUE COPY OF THE FIR IN CRIME NO.460/2015 OF VADAKKENCHERRY POLCIE STATION DATED 11-3-2015 ALONG WITH THE F.I.STATEMENT OF THE DEFACTO COMPLAINANT. ANNEXURE B:AFFIDAVIT SWON BY THE IST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT.

ANNEXURE C:TRUE COPY OF THE FIR NO.1704/2014 OF VADAKKENCHERRY POLICE STATION, PALAKKAD DATED 11-1-2014.

RESPONDENT'S ANNEXURES:

NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. ABRAHAM MATHEW, J.

---------------------------- Crl.M.C. No.3801 of 2015 -------------------------------------------- Dated this the 24th day of June 2015

O R D E R

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

2. The 2nd petitioner and the 1st respondent are husband and wife. The 3rd petitioner is his mother-in-law. The 1st petitioner is a stranger. The petitioners are accused in Crime No.460 of 2015 of Vadakkencherry Police station. They are alleged to have committed the offences under Secs.323, 341, 354B, 452 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 no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation is true. No

Crl.M.C. No.3801 of 2015 2 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 Crime No.460 of 2015 of Vadakkencherry Police station are quashed.

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