Subash v. The 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. 4094 of 2015 ------------------------------------ C.C.NO.127/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKARA ------------------- PETITIONER(S)/ACCUSED :

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1. SUBASH, AGED 36 YEARS, S/O.VASUDEVAN, VALYAPARAMBULAKSHAM VEEDU COLONY, CHEERUKUNNAM VILLAGE, THEKKEKARA VILLAGE.

2. PRAMEELA, AGED 29 YEARS, W/O.SUBASH, VALYAPARAMBULAKSHAM VEEDU COLONY, CHEERUKUNNAM VILLAGE, THEKKEKARA VILLAGE.

3. DEVAKI, AGED 60 YEARS, W/O.VASUDEVAN, VALYAPARAMBULAKSHAM VEEDU COLONY, CHEERUKUNNAM VILLAGE, THEKKEKARA VILLAGE.

BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KURATHIKADU POLICE STATION, ALAPPUZHA DISTRICT.

2. GEETHA, AGED 38 YEARS, W/O.PRASAD, VALLAKOTTU TARA LAKSHAMVEEDU COLONY, CHEERUKUNNUM VILLAGE, THEKKEKARA VILLAGE.

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

Msd.

Crl.MC.No. 4094 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE-1:

COPY OF THE CHARGE SHEET GIVEN TO THE PETITIONER. ANNEXURE-2:

AFFIDAVIT OF THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.4094 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 petitioners are the accused in C.C. No.127 of 2012 on the file of Judicial First Class Magistrate Court-I, Mavelikkara. They are charged with having committed the offences under Secs.323, 324, 427 and 451 read with Sec.34 of the Indian Penal Code. It is submitted that the matter has been settled. The request is to quash the proceedings in the criminal case.

3. Heard the learned counsel for the petitioners and for the 2nd respondent and the learned Public Prosecutor.

4. I have perused the affidavit filed by the second respondent who is the victim in this case and satisfied that the matter has been settled. 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

Crl.M.C. No.4094 of 2015 2 quash the proceedings in the criminal case.

In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.127 of 2012 on the file of Judicial First Class Magistrate Court-I, Mavelikkara are quashed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge