Pramod @ Kutten v. The State Of Kerala

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. 4092 of 2015 () --------------------------- CP.NO. 71/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,AMBALAPUZHA CRIME NO. 82/2006 OF AMBALAPPUZHA POLICE STATION , ALAPPUZHA DISTRICT ------------------ PETITIONER/ACCUSED:

--------------------------------------- PRAMOD @ KUTTEN, AGED 28 YEARS, S/O.MOHANAN, PRAMOD BHAVAN, THAKAZHY.P.O., ALAPPUZHA.

BY ADV. SRI.P.VINODKUMAR RESPONDENTS/COMPLAINANTS:

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

1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. REVATHY, D/O.PANKJAKSHAN ACHARY,AGED 25 YEARS, THUNDU PARAMBIL HOUSE, THAKAZHY.P.O, ALAPPUZHA-688 501.

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

Crl.MC.No. 4092 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

--------------------------------------------- ANNEX-A1 CERTIFIED COPY OF THE FINAL REPORT IN C.P.71/13 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, AMBALAPUZHA.

ANNEX-A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.4092 of 2015 -------------------------------------------- Dated this the 6th day of July 2015

O R D E R

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

2. The petitioner and the 2nd respondent are husband and wife. The petitioner is accused in C.P. No.71 of 2013 on the file of the Judicial First Class Magistrate Court, Ambalapuzha. He is alleged to have subjected the 2nd respondent to cruelty and thus committed the offence under Sec.366(A) 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 petitioner and for the 2nd respondent and the learned Public Prosecutor.

4. The 2nd respondent has filed an affidavit to the effect that the dispute between the parties has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that the

Crl.M.C. No.4092 of 2015 2 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.P. No.71 of 2013 on the file of the Judicial First Class Magistrate Court, Ambalapuzha are quashed.

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