Crime No. 140/2015 Of Binanipuram … vs Ajas Aged 30 Years on 13 June, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 23RD DAY OF JUNE 2017/2ND ASHADHA, 1939

Crl.MC.No. 4130 of 2017 ()
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CC 517/2015 of J.M.F.C.-II, ALUVA

CRIME NO. 140/2015 OF BINANIPURAM POLICE STATION, ERNAKULAM
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PETITIONER(S)/ACCUSED NO 1 TO 3:
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1. AJAS AGED 30 YEARS, S/O. ALIYAR,
KANNIYADATH HOUSE, MANACKAPPADI BHAGAM,
MUPPATHADAM KARA, KADUNGALLUR VILLAGE,
ERNAKULAM DISTRICT

2. ALIYAR,AGED 54 YEARS, S/O. BEERAN,
KANNIYADATH HOUSE, MANACKAPPADI BHAGAM,
MUPPATHADAM KARA, KADUNGALLUR VILLAGE,
ERNAKULAM DISTRICT

3. RAMLA,AGED 50 YEARS, W/O. ALIYAR,
KANNIYADATH HOUSE, MANACKAPPADI BHAGAM,
MUPPATHADAM KARA, KADUNGALLUR VILLAGE,
ERNAKULAM DISTRICT

BY ADV. SRI.BENNY JOSEPH

RESPONDENT(S)/DEFACTO COMPLAINANT STATE:
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1. SIMNA
AGED 24 YEARS, WIFE OF AJAS
RESIDING AT KANNIYADATH HOUSE, MANACKAPPADI BHAGAM,
MUPPATHADAM KARA, KADUNGALLUR VILLAGE,
ERNAKULAM DISTRICT PIN CODE 683110

2. STATE OF KERALA
REPRESENTED BY SUB INSPECTOR,
BINANIPURAM POLICE STATION BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682 031.

R1 BY ADV. SRI.M.B.SANDEEP
R2 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4130 of 2017 ()
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APPENDIX

PETITIONER(S)’ EXHIBITS
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ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET IN C.C NO
517/2015 PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II,ALUVA

ANNEXURE A2 AFFIDAVIT SUBMITTED BY 1ST RESPONDENT DATED
13/6/2017

RESPONDENT’S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK
opy//

B. SUDHEENDRA KUMAR, J.
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Crl. M.C. No.4130 of 2017
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Dated this the 23rd day of June, 2017

O R D E R

The petitioners are accused in C.C.No.517/15 on the

READ  H vs The State Of Maharashtra on 18 July, 2013

files of the court below. The offences alleged as per

Annexure-A1 final report are offences under Sections 498A,

341 and 323 r/w 34 IPC. The first respondent is the de facto

complainant in this case.

2. Heard.

3. It has been submitted by the learned counsel for

the parties and the learned Public Prosecutor that the matter

has been settled between the parties and presently the first

respondent and the first petitioner are residing together

under one roof as husband and wife. The first respondent

filed affidavit stating that the matter has been settled

between the parties and hence she has no further grievance

against the petitioners. It is further stated in the affidavit

Crl. M.C. No.4130 of 2017

-: 2 :-

that the first respondent and her daughter is presently

residing with the petitioners under one roof. The first

petitioner is her husband and other petitioners are her in-

laws.

4. The above dispute arose out of family

relationship. Therefore, since the matter has been settled

between the parties, I am inclined to quash Annexure-A1

final report and further proceedings against the petitioners

in C.C.No.517/15 on the files of the court below, in exercise

of the inherent power under Section 482 Cr.P.C., to meet

the ends of justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

B. SUDHEENDRA KUMAR,
JUDGE
STK
//TRUE COPY//

//P.A. TO JUDGE//
//True co

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