Vijesh Kuttan P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 Crl.MC.No. 6587 of 2014 --------------------------- CC 1707/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, HOSDRUG. CRIME NO. 737/2012 OF CHANDERA POLICE STATION , KASARAGOD. ......
PETITIONER(S)/ACCUSED:
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1. VIJESH KUTTAN P, AGED 35 YEARS, S/O.APPUKUTTAN, CHITTADI, THIMIRI AMSOM, ALAKKODU.
2. KARTHIYAYINI PUTHIYADATH, AGED 62 YEARS, S/O.APPUKUTTAN, CHITTADI, THIMIRI AMSOM, ALAKKODU.
3. BINDU PUTHIYADATH, AGED 37 YEARS, S/O.APPUKUTTAN, CHITTADI, THIMIRI AMSOM, ALAKKODU.
BY ADVS.SRI.P.K.SUBHASH SRI.K.REEHA KHADER RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. DHANYA A.V., AGED 29 YEARS, D/O.P.KRISHNAN, VARUKKOLU VAYAL, PILIKODU P.O., PILIKODU VILLAGE, HOSUDURG TALUK, KASARAGOD DISTRICT-671 310.
R1 BY PUBLIC PROSECUTOR SMT.P.A.RAZIYA R2 BY ADV. SRI.A.ARUNKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 6587 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
------------------------------------------ ANNEXURE-A1.
A TRUE COPY OF THE FIR IN CRIME NO.737/2012 OF CHANDERA POLICE STATION.
ANNEXURE-A II.
A TRUE COPY OF THE FINAL REPORT.
ANNEXURE-A III.
A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT ENDORSING THE FACTUM OF SETTLEMENT.
ANNEXURE-A IV.
A TRUE COPY OF THE AFFIDAVIT.
RESPONDENT(S)' ANNEXURES:
- NIL --------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
K.SURENDRA MOHAN, J.
------------------------------------ Crl.M.C.No.6587 of 2014 ----------------------------------- Dated this the 17th day of April, 2015
O R D E R
The petitioners, accused in Crime No.737/2012 of Chandera Police Station, Kasaragode District, pending as C.C.No.1707/2014 of the Judicial First Class Magistrate-I, Hosdurg, have filed this petition under Section 482 of the Code of Criminal Procedure, to quash all further proceedings in the matter. According to the petitioners, the defacto complainant is the wife of the 1st petitioner. The case had originated out of matrimonial disputes that were pending between the 1st petitioner and the defacto complainant. According to the petitioners, they are innocent of all the charges levelled against them. They have settled the disputes among themselves and seek the issue of appropriate orders quashing the criminal proceedings, since the matter has been settled.
2. Pursuant to the directions issued by this Court, affidavits have been filed by the 1st petitioner as well as the defacto complainant stating that, their disputes have already been settled and that, they are living separately. The learned Public Prosecutor also reports that, there is no objection in quashing the criminal proceedings.
Crl.M.C.No.6587 of 2014 In view of the above, this petition is allowed. All further proceedings in Crime No.737/2012 of Chandera Police Station, Kasaragode District now pending as C.C.No.1707/2014 of the Judicial First Class Magistrate-I, Hosdurg are quashed. Sd/- K.SURENDRA MOHAN, JUDGE.
AV