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High Court of KeralaCrl.MC/5439/2014allowed

Sujana R.Nath v. The State Of Kerala

2015-02-04Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 Crl.MC.No. 5439 of 2014 (D) --------------------------- CMP 4208/2014 of J.M.F.C., KAYAMKULAM CRIME NO. 1838/2014 OF KAYAMKULAM POLICE STATION , ALAPPUZHA PETITIONER:

-------------------- SUJANA R.NATH D/O.REGHUNATHAN, ASWATHY VEEDU, MENAMBALLY MURI PATHIYOOR VILLAGE, KARTHIKAPALLY TALUK ALAPPUZHA DISTRICT.

BY ADV. SRI.AJITH MURALI RESPONDENTS:

-----------------------

1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 682 031.

2. THE CHIEF SUPERINTENDENT OF POLICE ALAPPUZHA, ALAPPUZHA DISTRICT. 688 061.

3. THE DEPUTY SUPERINTENDENT OF POLICE KAYAMKULAM, ALAPPUZHA DISTRICT. 688 001.

4. THE CIRCLE INSPECTOR OF POLICE KAYAMKULAM POLICE STATION ALAPPUZHA DISTRICT. 688 001.

5. THE SUB INSPECTOR OF POLICE KAYAMKULAM POLICE STATION ALAPPUZHA DISTRICT. 688 001.

6. RAJESH, AGED 29 YEARS S/O.SASIDHARAN, PUTHUVEL PUTHEN VEEDU KEERIKKADU THEKKU MURI, KANDALLOOR VILLAGE KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. 690 518.

7. SASIDHARAN, AGED 55 YEARS PUTHUVEL PUTHEN VEEDU, KEERIKKADU THEKKU MURI KANDALLOOR VILLAGE, KARTHIKAPALLY TALUK ALAPPUZHA DISTRICT. 690 518.

8. SUMA, AGED 48 YEARS W/O.SASIDHARAN, PUTHUVEL PUTHEN VEEDU KEERIKKADU THEKKU MURI, KANDALLOOR VILLAGE KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. 690 518. R6 -R 8 BY ADV. SRI.D.AJITHKUMAR R1-5 BY PUBLIC PROSECUTOR, SHRI JIBU P THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5439 of 2014 --------------------------- APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE ATHE PHOTO COPY OF THE COMPLAINT IN C.M.P.NO.4208/ 2014 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM DATED 25.06.2014.

ANNEXURE BTHE TRUE COPY OF THE FIR IN CRIME NO.1838/2014 OF KAYAMKULAM POLICE STATION.

RESPONDENTS' EXHIBITS : NIL --------------------------------------- dl // TRUE COPY // PA to Judge

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - Crl.M.C.5439 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February 2015

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure seeking a direction to supervise and investigate Crime No.1838/2014 of Kayamkulam Police Station, as against respondents 6 to 8. Alleging cruelty within the meaning of Section 498A IPC against respondents 6 to 8, a crime was registered as Crime No.1838/2014 for the offences under Sections 498A and 420 read with Section 34 of the Indian Penal Code.

2. The parties were referred for a mediation, where all the disputes between the parties have been amicably settled. Memorandum of Agreement was entered into between the parties. The Memorandum of Agreement has been accepted.

3. Heard learned counsel for the petitioner, who is the de-

Crl.M.C.5439/2014 facto complainant, the learned counsel for respondents 6 to 8 and the learned Public Prosecutor.

4.

Considering the settlement arrived at in the mediation and the fact that they have resolved all the disputes between them, Annexure-B F.I.R. in Crime No.1838/2014 of Kayamkulam Police station and all further proceedings in the said crime, can be quashed under Section 482 of Code of Criminal Procedure. In the result, this Crl.M.C. is allowed and Annexure-B F.I.R. in Crime No.1838/2014 of Kayamkulam Police station as against respondents 6 to 8 and all further proceedings based on it pending before the Judicial First Class Magistrate's Court, Kayamkulam, are quashed.

Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge