Crime No. 2099/2012 Of Kottiyam … vs Ganesan on 17 July, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939

Crl.MC.No. 5225 of 2017
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IN CC 928/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT
II, KOLLAM

CRIME NO. 2099/2012 OF KOTTIYAM POLICE STATION , KOLLAM

PETITIONERS/ACCUSED NO. 1 TO 5:
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1. GANESAN,
AGED 48 YEARS, S/O.BALASUBRAMANIAN,
GANDHIMATHI VEEDU, NADUVILACKARA CHERRY,
MAYYANADU PO, KOLLAM (DIST).

2. KANAKAMMA ,
AGED 57 YEARS, W/O.MANIYAN,
MURUNTHALKUNNU KIZHAKKATHIL VEEDU,
ADITYA NAGAR 182, VADACKEVILA VILLAGE,
VADACKEVILA PO, KOLLAM(DIST).

3. SARAVANA KUMAR,
AGED 39 YEARS, S/O.MANIYAN,
MURUNTHALKUNNU KIZHAKKATHIL VEEDU,
ADITYA NAGAR 182, VADACKEVILA VILLAGE,
VADACKEVILA PO, KOLLAM(DIST).

4. RAJESH,
AGED 36 YEARS, S/O.MANIYAN,
MURUNTHALKUNNU KIZHAKKATHIL VEEDU,
ADITYA NAGAR 182, VADACKEVILA VILLAGE,
VADACKEVILA PO, KOLLAM(DIST).

5. MURUKAN,
AGED 50 YEARS, S/O.NARAYANAN,
DEPOT PURAYIDOM, NEAR NANI MEMORIAL HOSPITAL,
WEST VILLAGE, THEVALLY P.O., KOLLAM-691013.

BY ADV. SRI.M.RAJESH

Crl.MC.No. 5225 of 2017

RESPONDENT(S)/COMPLAINANTS:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

2. THE SUB INSPECTOR OF POLICE,
KOTTIYAM POLICE STATION,
KOLLAM, PIN-691001.

3. AMITHA,
AGED 41 YEARS, D/O.KAMALA,
GANDHIMATHI VEEDU, NADUVILACKARA CHERRY,
MAYYANADU PO, KOLLAM (DIST), PIN-691003.

R3 BY ADV. SRI.G.GOPAKUMAR (KOLLAM)
R1 R2 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11-08-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

Crl.MC.No. 5225 of 2017
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APPENDIX

PETITIONERS’ EXHIBITS
———————–
ANNEXURE 1 A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME
NO.2099/2012 OF KOTTIYAM POLICE STATION, KOLLAM.

ANNEXURE-2 AN AFFIDAVIT DATED 17.07.2017 SUBMITTED BY THE
3RD RESPONDENT.

RESPONDENTS’ EXHIBITS
———————–

NIL

//TRUE COPY//

P.A TO JUDGE

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B.SUDHEENDRA KUMAR, J.
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Crl.M.C.No.5225 of 2017
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Dated this the 11th day of August, 2017.

O R D E R

The petitioners are the accused in C.C No.928/2013 on

the files of the court below. The offences alleged are the

offences punishable under Sections 498A and 323 r/w 34 of

IPC.

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. The third respondent, who is the

defacto complainant, filed affidavit stating that the matter

has been settled and hence she has no objection in quashing

the further proceedings against the petitioners. The above

dispute arose out of matrimonial relationship. Therefore,

since the matter has been settled between the parties, I am

inclined to quash the final report and further proceedings

against the petitioners in C.C No.928/2013 on the files of the

Crl.M.C.No.5225 of 2017
:-2-:

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

//True Copy//

P.A to Judge

ab

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