V.Vishnu Gopal v. State Of Kerala

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. 4242 of 2015 () --------------------------- CC.NO. 2127/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVALLA CRIME NO. 1329/2014 OF THIRUVALLA POLICE STATION,PATHANAMTHITTA DISTRICT ----------------- PETITIONER(S)/1ST & 2ND ACCUSED :

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1. V.VISHNU GOPAL, AGED 30 YEARS, S/O.VENUGOPAL.S., PADMASADAN (VAIKUNTAM) MUTHOOR.P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

2. LEKHA C @ MINI, AGED 52 YEARS, W/O.VENUGOPAL.S., PADMASADAN (VAIKUNTAM), MUTHOOR.P.O, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT BY ADVS.SMT.SREEDEVI KYLASANATH SRI.M.JAYAKRISHNAN SRI.ACHUTH KYLAS RESPONDENT(S)/COMPLAINANT & STATE :

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1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2. SARANYA MOHAN,AGED 22 YEARS, D/O.LATE MOHANACHANDRAN NAIR, RESIDING AT T.C. 26/731, PERUNTHANNI, VALLAKKADAVU, THIRUVANANTHAPURAM-695 008 R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.T.PRASAD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

CRMC.NO.4242/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 CERTIFIED COPY OF THE FIR IN CRIME NO.1329/2014 OF THIRUVALLA POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA ANNEX A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1329/2014 OF THIRUVALLA POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA AS CC.NO.2127/2014 ANNEX A3 COPY OF THE ORDER DATED 11/8/2014 IN CRL.M.A.NO.2051/2014 ANNEX A4 COPY OF THE JUDGMENT OF FAMILY COURT, THIRUVANANTHAPURAM DATED 16/9/2014 IN O.P.NO.1166/2014 ANNEX A5 COPY OF THE NOTARIZED COPY OF THE AFFIDAVIT DATED 4/7/2015 EXECUTED BY THE 2ND RESPONDENT STATING THAT SHE HAS NO COMPLAINT IN QUASHING THE FIR.

ANNEX A5(A) COPY OF THE NOTARIZED COPY OF THE AFFIDAVIT DATED 4/7/2015 EXECUTED BY THE 2ND RESPONDENT STATING THAT SHE HAS NO COMPLAINT IN QUASHING CC.NO.2127/2014 ANNEX A6 COPY OF THE RECEIPT ISSUED BY 2ND RESPONDENT STATING THAT SHE RECEIVED ALL GOLD ORNAMENTS AND RS.18,80,000/- IN FULL AND FINAL SETTLEMENT OF ALL HER CLAIMS.

ANNEX A7 COPY OF THE AGREEMENT DATED 30/12/2014.

RESPONDENT'S ANNEXURES:

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

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.4242 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

First petitioner is the husband of the second respondent. Second petitioner is his mother. The petitioners are accused in CC.No.2127/2014 on the file of the Judicial First Class Magistrate Court, Thiruvalla. They are charged with having committed the offences under Sections 406 and 498A of the Indian Penal Code. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed. 3.

Heard the learned counsel for the petitioners and the second respondent and the learned Public Prosecutor.

4.

I have perused the affidavit filed by the second respondent. I am satisfied that the matter has been settled and no public interest is involved in this case. In the result, this Crl.M.C. is allowed. The

CRL.M.C.No.4242 of 2015 proceedings in C.C.No.2127/2014 on the file of the Judicial First Class Magistrate Court, Thiruvalla are quashed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge