Leen K.Antony v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 Crl.MC.No. 4032 of 2015 () --------------------------- CC.NO.1194/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA CRIME NO. 2483/2012 OF HILL PALACE POLICE STATION , ERNAKULAM ERNAKULAM -------------------- PETITIONER/ACCUSED:

-------------------------------------- LEEN K.ANTONY, AGED 37 YEARS, S/O. K.L.ANTONY, KANIYAMPURAM HOUSE, VYTILLA JANATHA ROAD, KOCHI - 19.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S)/INFORMANT/STATE:

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

1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 (CRIME NO. 2483/2012 OF HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM DISTRICT)

2. ANILA ALPHONS, AGED 31 YEARS, W/O. LEEN K. ANTONY, KANIYAMPURAM HOUSE, VYTILLA JANATHA ROAD, KOCHI - 19.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 4032 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEX A1 - CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2483/2012 OF HILL PALACE POLICE STATION, TRIPUNITHURA.

ANNEX A2 - AFFIDAVIT DT. 07.4.15 SWORN BY THE SECOND RESPONDENT. RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.4032 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 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 CC.No.1194/2015 on the file of the Judicial First Class Magistrate Court, Tripunithura. He is alleged to have subjected the second respondent to cruelty and destroyed her passport and thus committed the offences under Sections 498A and 489 of 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 petitioner 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

CRL.M.C.No.4032 of 2015 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.

In the result, this Crl.M.C. is allowed. The proceedings in C.C.No.1194/2015 on the file of the Judicial First Class Magistrate Court, Tripunithura are quashed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge