Noorsha v. The Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Crl.MC.No.3928 of 2015 --------------------------------- CRIME NO.176/2015 OF KAMBALAKKAD POLICE STATION,WAYANAD. PETITIONER/ACCUSED:

----------------------------------- NOORSHA,AGED 35 YEARS,S/O.HAMZA, CHENOTH HOUSE,KAMBALAKKAD POST, KANIYAMBETTA VILLAGE,VYTHIRI TALUK, WAYANAD DISTRICT,PIN-673 122.

BY ADVS.SMT.SARITHA THOMAS SRI.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENT'S/COMPLAINANT:

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

THE STATION HOUSE OFFICER, KAMBALAKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2.

ANSHINA C.T,CHEKKALAMTHODI HOUSE, KANIYAMBETTA AMSHAM,MILLUMUKK, WAYANAD-670016.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 BY ADV.SRI.RAVI KRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.3928 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

------------------------------------- ANNEXURE A-1:CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.176/15 OF KAMBALAKKAD POLICE STATION, WAYANAD.

ANNEXURE A-2:THE TRUE COPY OF THE AFFIDAVIT DATED 07/06/2015 EXECUTED BY THE DEFACTO COMPLAINANT IN FRONT OF A NOTARY PUBLIC.

RESPONDENT'S ANNEXURES:

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

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.3928 of 2015 -------------------------------------------- Dated this the 6th day of July 2015

O R D E R

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

2. Petitioner is accused in Crime No.176 of 2015 of Kambalakkad Police station registered for the offences under Secs.354(A)(2) and 452 of the Indian Penal Code. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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 matter 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 Sec.482 Cr.P.C. to quash the proceedings in the criminal case.

Crl.M.C. No.3928 of 2015 2 In the result, this Crl.M.C. is allowed. The proceedings in Crime No.176 of 2015 of Kambalakkad Police station are quashed.

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