Shijin v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Crl.MC.No. 6442 of 2014 -------------------------- CRIME NO. 1383/2014 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

...........

PETITIONER(S)/ACCUSED:

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

1. SHIJIN, AGED 20 YEARS, S/O.SHIHABUDEEN, SAFEELA MANZIL, PERAPPU KATTUMPURAM, KALLARA, THIRUVANANTHAPURAM DISTRICT.

2. AKASH, AGED 20 YEARS, S/O.K.J.ABRAHAM, TC 7/1069(8), VATTIYURKAVU, MARUTHAMKUZHI, THIRUVANANTHAPURAM DISTRICT.

3. ADITHYAN.S, AGED 20 YEARS, S/O.SURYA PRAKASH, PRAKASH MANDIRAM, MOOTHOLA P.O, PALLICKAL, THIRUVANANTHAPURAM DISTRICT.

4. RUGMA, AGED 20 YEARS, D/O.PARAMESWARAN NAIR, RUGMA BHAVAN, VALIYAKATTAKKAL, VENJARAMOODU PO, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 035.

2. SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

3. ASWATHI,AGED 31 YEARS, D/O.USHA, T.C.NO.31/298, CHAKKA, KADAKAMPALLY, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R3 BY ADV. SRI.S.SUDHEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 6442 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE 1 :

TRUE COPY OF THEH FIR IN CRIME NO. 1383/2014 OF VENJARAMOODU POLICE STATION, DATED 3/9/2014.

ANNEXURE 2 :

TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 5/11/2014.

RESPONDENTS'

ANNEXURE S :

NIL.

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

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.6442 of 2014 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

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

2. Petitioners are accused in Crime No.1383 of 2014 of Venjaramoodu Police station registered for the offence under Sec.67 of Information Technology Act. 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 3rd respondent and the learned Public Prosecutor.

4. The 3rd respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This 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.

Crl.M.C. No.6442 of 2014 2 In the result, this Crl.M.C. is allowed. The proceedings in Crime No.1383 of 2014 of Venjaramoodu Police station are quashed.

Sd/- K. ABRAHAM MATHEW JUDGE NS