Sunil v. Sabitha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Crl.MC.No. 4183 of 2015 () CC 317/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR CRIME NO. 717/2012 OF VIYYUR POLICE STATION , TRISSUR PETITIONERS/ACCUSED 1 TO 4:

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1. SUNIL, AGED 35 YEARS, S/O.KUTTAMOHAN, SOUPARNIKA, VEERAMANGALAM P.O. THRIKKATTIRI, OTTAPALAM TALUK, PALAKKAD DISTRICT

2. SAVITHRI, AGED 60 YEARS, W/O.KUTTAMOHAN, VEERAMANGALAM PO, THRIKKATTIRI OTTAPALAM TALUK, PALAKKAD DISTRICT

3. SUNDARA RAJA, AGED 45 YEARS, S/O.LATE RAMAN, "CHAITANYA", KONGAD, PALAKKAD

4. SUNITHA @ SUMI, AGED 40 YEARS, W/O.SUNDARA RAJ, "CHAITANYA", KONGAD, PALAKKAD BY ADVS.SRI.JACOB SEBASTIAN SUJITH KUMAR T.U.

RESPONDENTS/COMPLAINANT & STATE :

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1. SABITHA, AGED 24 YEARS, D/O.SIVADASAN, PAYYAZHI HOUSE, ROSA BAZAR, VIYYOOR VILLAGE, THRISSUR DISTRICT

2. STATE OF KERALA REPRESENTED BY PUBLC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SRI.T.U.SUJITH KUMAR R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 4183 of 2015 () APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE AI:

A TRUE COPY OF THE FINAL REPORT IN CRIME NO.717/2012 OF THE VIYYOOR POLICE STATION.

ANNEXURE A2:

A TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL.

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

K. ABRAHAM MATHEW, J.

Crl.M.C. No.4183 of 2015 -------------------------------------------- Dated this the 7th 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 other petitioners are his mother and relatives. The petitioners are accused in C.C. No.317 of 2015 on the file of the Judicial First Class Magistrate Court-I, Thrissur. They are alleged to have subjected the 1st respondent to cruelty and thus committed the offences under Secs.498A 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 petitioners and for the 1st respondent and the learned Public Prosecutor.

4. The 1st 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.4183 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.317 of 2015 on the file of the Judicial First Class Magistrate Court-I, Thrissur are quashed.

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