Sadanandan v. 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. 4128 of 2015 () CRIME NO. 271/2011 OF WANDOOR POLICE STATION, MALAPPURAM DISTRICT ------------------- PETITIONER/ACCUSED :

--------------------------------- SADANANDAN, S/O.CHACHU (LATE) , AGED 55 YEARS, KATTUMUNDA HOUSE, NADUVATH P.O, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE S.H.O, WANDOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. K.P. PADMINI, D/O.KUTTIPURATH ARUMUGHAN, AGED 50 YEARS, KATTUMUNDA HOUSE, NADUVATH P.O., MALAPPURAM DISTRICT - 679 328.

R1 BY GOVERNMENT PLEADER SRI. DHANESH MATHEW MAJOORAN R2 BY ADV. SMT.P.M.SHAHIDA.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 4128 of 2015 () APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNX.A:

TRUE COPY OF THE FINAL REPORT IN C.C.NO.47 OF 2015 ON THE FILES OF THE J.F.C.M. COURT-II, PERINTHALMANNA. ANNX.B:

TRUE COPY OF THE AGREEMENT DATED 12.06.2015.

ANNX.C:

ORIGINAL OF THE AFFIDAVIT DATED 12.06.2015 SWORN BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL.

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

K. ABRAHAM MATHEW, J.

Crl.M.C. No.4128 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 the accused in C.C. No.47 of 2015 on the file of the Judicial First Class Magistrate Court-II, Perinthalmanna. He is alleged to have subjected the 2nd respondent to cruelty and assaulted her and thus committed the offences under Secs.498A and 452 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.4128 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.C. No.47 of 2015 on the file of the Judicial First Class Magistrate Court-II, Perinthalmanna are quashed.

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