Deepak.P.K v. Soorya.M.C
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 Crl.MC.No. 7001 of 2014 () --------------------------- CC 875/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 41/2013 OF PARIYARAM POLICE STATION, KANNUR ---------------------- PETITIONERS/ACCUSED :
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1. DEEPAK.P.K., AGED 33 YEARS, S/O K.P.DAMODARAN, PARIYARAM, KULAPPURAM, CHERUTHAZHAM AMSOM DESOM, P.O.VILAYANGODE, KANNUR.
2. K.P.DAMODARAN, AGED 59 YEARS, S/O RAMAN, PARIYARAM, KULAPPURAM, CHERUTHAZHAM AMSOM DESOM, P.O.VILAYANGODE, KANNUR.
3. P.K.KARTHYAYANI, AGED 52 YEARS, W/O K.P.DAMODARAN, PARIYARAM, KULAPPURAM, CHERUTHAZHAM AMSOM DESOM, P.O.VILAYANGODE, KANNUR.
4. P.K.DEEPA, AGED 28 YEARS, W/O SURESH, PARIYARAM, KULAPPURAM, CHERUTHAZHAM AMSOM DESOM, P.O.VILAYANGODE, KANNUR.
5. M.V.SURESH, AGED 38 YEARS, S/O K.C.DAMODARAYN, MUNDAYATTU HOUSE, VELLORA AMSOM, KOYIPRA, KANNUR.
BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/DEFACTO COMPLAINANT/STATE:
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1. SOORYA.M.C, AGED 31 YEARS, D/O RADHAKRISHNAN, UPASANA HOUSE, KOKKANISSERY PAYYANNUR AMSOM, KANNUR DISTRICT-670001.
2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.S.R.SREEJITH R2 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 7001 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE AI:
A TRUE COPY OF THE F.I.R. IN CRIME NO.41 OF 2013 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT.
ANNEXURE AII:
A TRUE COPY OF THE COMPLAINT DATED 11.1.2013. ANNEXURE AIII:
A TRUE COPY OF THE FINAL REPORT IN CRIME NO.41 OF 2013 DATED 17.1.2013.
ANNEXURE AIV:
A TRUE COPY OF THE AFFIDAVIT DATED 27.11.2014 OF THE IST RESPONDENT ENDORSING THE FACTUM OF COMPOUNDING OF THE OFFENCES AND THE SETTLEMENT OF THE DISPUTES. RESPONDENT(S)' EXHIBITS :
NIL.
--------------------------------------- //TRUE COPY// P.S. TO JUDGE bp
B.KEMAL PASHA, J.
................................................................ CRL. M.C. No.7001 of 2014 ............................................................... Dated this the 18th day of March, 2015
O R D E R
Petitioners are A1 to A5 in Crime No.41/13 of the Pariyaram Medical College Police Station, Kannur registered for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code. 2.
Petitioners have come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure AIII Final Report in Crime No.41.2013 of the Pariyaram Medical College Police Station, Kannur, and all further proceedings against the petitioners pursuant to the same in C.C.No.875/13 of the Judicial First Class Magistrate's Court, Payyannur, quashed. 3.
The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is
-: 2 :- the wife of the 1st accused, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry.
4.
Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 1st respondent herein, and the learned Public Prosecutor. 5.
According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed.
6.
The defacto complainant, who is the 1st respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioners have been amicably settled and, therefore, she has no complaints against the petitioners, and, hence, all further proceedings in the matter referred to above can be quashed. She has
-: 3 :- entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact that the affidavit has been sworn in by the defacto complainant on her own volition.
7.
When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioners, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure AIII Final Report in Crime No.41.2013 of the Pariyaram Medical College Police Station, Kannur and all further proceedings against the petitioners pursuant to the same in C.C.No.875/13 of the Judicial First Class Magistrate's Court, Payyannur, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/-
-: 4 :- [True copy] P.S. to Judge