Manoj Madhav v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Crl.MC.No. 6136 of 2015 ------------------------------------- C.C.NO.551/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM --------------- PETITIONER(S)/ACCUSED :

---------------------------------------- MANOJ MADHAV, AGED 32 YEARS, S/O. LATE MADHAVAN NAIR, RESIDING AT VNRA-65, NANDANAM, VIKAS NAGAR, SREEKARIYAM, THIRUVANANTHAPURAM DISTRICT, PIN-695 017.

BY ADV. SRI.S.JUSTUS RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------

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

2. VANDANA RAGHAVAN VADAKUTE, AGED 30 YEARS, D/O. REMA RAGHAVAN, PERMANENTLY RESIDING AT VADAKUTE HOUSE, MOORKANIKKARA, KOZHUKKULLY P.O., THRISSUR, NOW RESIDING AT T.C. 11/1223/23, 5C, FIFTH FLOOR, CLIFF DALE, NANTHANCODE, THIRUVANANTHAPURAM-695 003. R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.A.SAJJATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 6136 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

FINAL REPORT IN C.C.NO. 551/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM.

ANNEXURE A2:

AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 11-06-2014.

ANNEXURE A3:

JUDGMENT DATED 16-06-2014 IN OP.(HMA)NO. 1876/2013 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM. RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

................................................................ CRL. M.C. No. 6136 of 2015 ............................................................... Dated this the 18th day of September, 2015

O R D E R

Petitioner and the 2nd respondent are husband and wife. The petitioner is the accused in Crime No.725/2013 of the Museum Police Station, Thiruvananthapuram registered for the offences punishable under Sections 506(1) IPC and 118(d) of the Kerala Police Act, which is presently pending as C.C.No.551/2014 before the Judicial First Class Magistrate's Court-III, Thiruvananthapuram.

2.

It seems that all the disputes between the parties have been settled and a divorce has been effected through Annexure A3 judgment of the Family Court, Thiruvananthapuram. The 2nd respondent, who is the defacto complainant, has filed Annexure A2 affidavit affirming that the matter has been amicably settled between

CRL.M.C.No. 6136 of 2015 -: 2 :- her and the petitioner and that she has no complaints against the petitioner. When the matter has been amicably settled between the parties, there is no point in proceeding with the matter further. Matters being so, all further proceedings in C.C.No.551 of 2014 of the Judicial First Class Magistrate's Court-III, Thiruvananthapuram are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.551 of 2014 of the Judicial First Class Magistrate's Court-III, Thiruvananthapuram are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge