Prabha, S/O.Achuthan v. Sheena

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. 4069 of 2015 () --------------------------- CC.NO. 312/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR THRISSUR DISTRICT ------------------- PETITIONER/ACCUSED :

------------------------------------- PRABHA, AGED 54 YEARS, S/O.ACHUTHAN KARIYEZHATH HOUSE, MADAVANA DESOM MADAVANA P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT.

BY ADVS.SRI.P.M.ABDUL JALEEL (KODUNGALLUR) SRI.T.V. SHAJI SRI.V.A. AJMAL RESPONDENTS/DEFACTO COMPLAINANT & STATE :

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1. SHEENA AGED 47 YEARS, D/O.JANARDHANAN, MANAYIL HOUSE, ANJOOR DESOM ANJOOR VILLAGE, THALAPPILLY TLAUK THRISSUR DISTRICT - 680 523.

2. STATE OF KERALA REPRESETNED BY THE SUB - INSPECTOR OF POLICE KODUNGALLUR, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM - 682 031.

R1 BY ADV. SMT.N.V.SANDHYA R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 4069 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

--------------------------------------------- ANNEXURE A1CERTIFIED COPY OF CHARGE SHEET IN CC.NO. 312/14 ON THE FILE JFCM, KODUNGALLUR.

ANNEXURE A2THE COPY OF AWARD PASSED BY THE LOK ADALATH, KODUNGALLUR.

ANNEXURE A3THE ORIGINAL RECEIPT SHOWING DEPOSIT OF 50 LAKHS ISSUED FROM THE FAMILY COURT, IRINJALAKUDA.

ANNEXURE A4THE AFFIDAVIT SIGNED BY THE RESPONDENT 1. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.4069 of 2015 -------------------------------------------- Dated this the 8th day of July 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 petitioners are the accused in C.C. No.312 of 2014 on the file of Judicial First Class Magistrate Court, Kodungallur. He is alleged to have assaulted and threatened the 1st respondent (punishable under Secs.323 and 506 of the Indian Penal Code) and committed the offence under Sec.31 of the Protection of Women from Domestic Violence Act. 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 1st respondent and the learned Public Prosecutor.

4. The first 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.4069 of 2015 2 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.312 of 2014 on the file of Judicial First Class Magistrate Court, Kodungallur are quashed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge