Vinod.M v. Rajani.M

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 Crl.MC.No. 4235 of 2015 ------------------------------------ C.C.NO.800 OF 2015 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO. 515 OF 2014 OF KASARAGOD POLICE STATION , KASARGOD ----------------- PETITIONER(S)/ACCUSED :

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1. VINOD.M, AGED 39 YEARS, S/O.BALAKRISHNAN, VINOD NILAYAM, PEROL, NILESHWARAM VILLAGE, HOSDURG TALUK.

2. KATHYAYANI, AGED 57 YEARS, W/O.BALAKRISHNAN, VINOD NILAYAM, PEROL, NILESHWARAM VILLAGE, HOSDURG TALUK.

3. ANITHA, AGED 43 YEARS, W/O.MADHAVAN, VINOD NILAYAM, PEROL, NILESHWARAM VILLAGE, HOSDURG TALUK.

BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S)/COMPLAINANT/STATE :

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1. RAJANI.M, AGED 33 YEARS, D/O.LATE KRISHNAN, RESIDING AT SREELAKAM, MAIPADY P.O., SHIRIBAGILU VILLAGE, KASARAGOD TALUK- 671 121.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

R1 BY ADV. SRI.P.K.SUBHASH R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 4235 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE AI:

A CERTIFIED COPY OF THE F.I.R IN CRIME NO.515 OF 2014 OF KASARAGOD POLICE STATION, KASARAGOD.

ANNEXURE AII:

A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.515 OF 2014 OF KASARAGOD POLICE STATION, KASARAGOD.

ANNEXURE AIII:

AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT ENDORSING THE FACTUM OF SETTLEMENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.4235 of 2015 -------------------------------------------- Dated this the 9th day of July 2015

O R D E R

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

2. The 1st petitioner is the husband of the 1st respondent. The other petitioners are his mother and sister. The petitioners are the accused in C.C. No.800 of 2015 on the file of the Judicial First Class Magistrate Court, Kasaragod. They are charged with having committed the offences under Secs.406, 498A and 506(i) read with Sec.34 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. Perused the affidavit filed by the 1st respondent. I am satisfied that the matter has been settled and no public interest is involved in this case. This

Crl.M.C. No.4235 of 2015 2 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.800 of 2015 on the file of the Judicial First Class Magistrate Court, Kasaragod are quashed.

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