M.K.Vasudevan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 Crl.MC.No. 2877 of 2014 --------------------------- CC 204/2012 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. F.I.R. NO.705 OF 2012 OF PATHANAMTHITTA POLICE STATION ..........
PETITIONER(S)/ACCUSED 2 AND 3:
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1. M.K.VASUDEVAN, AGED 64 YEARS, SUGEETHATHIL, KARIMBANAKKUZHI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA - 689 645.
2. GEETHA VASUDEVAN, AGED 59 YEARS, W/O VASUDEVAN, SUGEETHATHIL, KARIMBANAKKUZHI, PATHANAMTHITTA VILLAGE, PATHANAMTHITA - 689 645.
BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENTS/STATE AND COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA - 689 645, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SANTHI BHASI, AGED 28 YEARS, D/O BHASI, DURGHA BHAVAN, PALODE MUKKU, MANGAD P.O., KOLLAM-691 015, FROM PADMAVILASOM HOUSE, KILIKOLLUR P.O., KOLLAM - 691 004.
R1 BY PUBLIC PROSECUTOR SRI.JIBU P THOMAS R2 BY ADV. SRI.V.V.RAJA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 2877 of 2014 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
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CERTIFIED COPY OF THE F.I.R. NO.705 OF 2012 OF THE PATHANAMTHITTA POLICE STATION DATED 11.6.2012. ANNEXURE A2:
CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.705 OF 2012 BY THE IST RESPONDENT, DATED 20.11.2012. RESPONDENT(S)' ANNEXURES:
- NIL -------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
B.KEMAL PASHA, J.
================ ======================= Dated this the 11th day of February, 2015
O R D E R
Petitioners are accused Nos.2 and 3 in Crime No.705 of 2012 of the Pathanamthitta Police Station registered for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code.
2. Petitioners have come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure-A2 Final Report in Crime No.705/2012 of the Pathanamthitta Police Station and all proceedings based on it in C.C.No.204 of 2012 pending before the Judicial First Class Magistrate's Court, Pathanamthitta, as against these petitioners, quashed.
3.
The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the first accused, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry. 4.
Heard learned counsel for the petitioners, the learned
counsel for the defacto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor.
5.
According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled through a mediation settlement agreement and presently the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed.
6.
It seems that all matters in dispute between her and the petitioners have been amicably settled through a mediation settlement agreement and, therefore, she has no complaints against the petitioners, and, hence, all proceedings in the matter referred to above, as against these petitioners, can be quashed. She has entered appearance through her counsel.
7. When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioners, it is only just and expedient in the interest of justice to quash the proceedings referred to
above, as against these petitioners.
In the result, this Crl.M.C. is allowed and Annexure-A2 Final Report in Crime No.705/2012 of the Pathanamthitta Police Station and all proceedings based on it in C.C.No.204 of 2012 pending before the Judicial First Class Magistrate's Court, Pathanamthitta, as against these petitioners, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE stu