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High Court of KeralaCrl.MC/7443/2014allowed

Anilkumar K.K v. State Of Kerala

2015-01-123 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 Crl.MC.No. 7443 of 2014 () --------------------------- CC.NO. 688/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG CRIME NO. 2/2014 OF RAJAPURAM POLICE STATION, KASARAGOD ------------------- PETITIONER/ACCUSED NO.1 :

----------------------------------------------- ANILKUMAR K.K., AGED 40 YEARS S/O.KRISHNAN NAIR, KEZHEKEDATH HOUSE, THUMBODI PANATHADI VILLAGE, KASARAGOD DISTRICT.

BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENTS/STATE AND DEFACTO COMPLINANT :

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

1. STATE OF KERALA REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE RAJAPURAM POLICE STATION, KASARAGOD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682032.

2. PRIYA K., AGED 34 YEARS W/O.ANILKUMAR K.K., KEZHEKEDATH HOUSE, THUMBODI PANATHADI VILLAGE, KASARAGOD DISTRICT.

R1 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS R2 BY ADV. SRI.PRATHEESH P.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 7443 of 2014 () ------------------------------------ APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNEXURE 1:- THE CERTIFIED COPY OF THE FIR IN CRIME NO. 2/2014 OF RAJAPURAM POLICE STATION.

ANNEXURE 2:- THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.688/2014 NOW PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, HOSDURG.

ANNEXURE 3:- THE AFFIDAVIT DTD. 23/12/2014 EXECUTED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K.ABRAHAM MATHEW, J.

= = = = = = = = = = = = Crl.M.C.No.7443 of 2014.

= = = = = = = = = = = = Dated this the 12th day of January, 2015.

O R D E R The petitioner is the sole accused in CC.No.688/2014 of the Judicial First Class Magistrate Court-I, Hosdurg for the offences under Sections 324 and 498A IPC. The petitioner and the second respondent are the husband and wife. It is submitted that they have settled the matter and are now living together happily. The prayer is to quash the proceedings in the criminal case.

2.

Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor and perused the affidavit filed by the second respondent. I am satisfied that this is a fit case to invoke the jurisdiction of this Court under Section 482 Cr.PC.

3.

In the result, this petition is allowed. The proceedings in CC.No.688/2014 of the Judicial Magistrate of the First Class-I, Hosdurg are quashed.

Sd/- K.ABRAHAM MATHEW, (Judge) Kvs/- // true copy //