Uthaman K.T. 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. 4245 of 2015 --------------------------- CRIME NO. 283/2015 OF MANIMALA POLICE STATION, KOTTAYAM DISTRICT. ......

PETITIONER/ACCUSED:

---------------------------------- UTHAMAN K.T., AGED 52, S/O.T.N.THANKAPPAN, RESIDING AT KUNNITHEKKETHIL HOUSE, THAZHATHUVADAKARA.P.O., VELLAVOOR VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686 541.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

2. ANITHA, AGED 47 YEARS, D/O.V.K.SUKUMARAN, VENGAMOOTTIL HOUSE, VAKATHANAM.P.O., VAKATHANAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM, PIN - 686 538.

R1 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.SERGI JOSEPH THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4245 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 :

THE CERTIFIED COPY OF THE FIR IN CRIME NO.283/2015 OF MANIMALA POLICE STATION.

ANNEXURE A2 :

THE TRUE COPY OF THE COMPROMISE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT IN P(HMA), NO.8/2014, (JOINT TRIAL WITH O.P(GW) NO.266/2014, AND O.P.NO.273/2014) ON THE FILE OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

ANNEXURE A3 :

AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.4245 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

Petitioner and the second respondent are husband and wife. In Crime No.283/2015 of Manimala police station he is alleged to have committed the offences under Sections 498A 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 petitioner 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 proceedings in Crime No.283/2015 of Manimala police station are quashed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV