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Against The Order/Judgment In Cc … vs Unnikkannan V.P on 12 October, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939

Crl.MC.No. 7531 of 2017 ()
—————————
AGAINST THE ORDER/JUDGMENT IN CC 729/2014 of J.M.F.C.,PAYYANNUR
CRIME NO. 232/2014 OF PAYYANNUR POLICE STATION , KANNUR

PETITIONER(S)/ACCUSED 1 TO 4:
—————————-

1. UNNIKKANNAN V.P.
S/O. BALAKRISHNAN,’ATHIRA” KANDOTH, VELLUR AMSOM,
KANNUR DISTRICT.

2. BALAKRISHNAN KARIPATH,
S/O. KANNAPOTHUVAL, -DO-

3. RUGMINI,
W/O. BALAKRISHNAN KARIPATH, – DO-

4. JISHNU V P,
S/O. BALAKRISHNAN KARIPATH, – DO-

BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

RESPONDENT(S)/DE FACTO COMPLAINANTS:
————————————

1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.- 682 031.

2. SRUTHI K P,
K V RAJENDRAN, RESIDING AT NIVEDYAM,
VELLUR AMSOM KANDOTH DESOM,
KANNUR DISTRICT – 670 001.

R2 BY ADV. SRI.A.SHANAVAS
R BY PUBLIC PROSECUTOR:SRI C K PRASAD

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7531 of 2017 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE I TRUE COPY OF THE FINAL REPORT IN CRIME NO: 232/14
OF PAYYANUR POLICE STATION.

ANNEXURE II AFFIDAVIT OF 2ND RESPONDENT DATED 12/10/2017.

RESPONDENT(S)’ EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.7531 of 2017

Dated this the 8th day of December, 2017

ORDER

Petitioners herein are arrayed as accused in Crime

No.232 of 2014 of Payyannur Police Station for offences punishable

under sections 498A, 294(b), 323 r/w 34 of the Indian Penal Code.

2. It was alleged by the prosecution that the petitioners

herein, who are the husband and in-laws of the second respondent

herein, subjected the second respondent to matrimonial cruelty.

Alleging it, she laid the complaint, which ultimately led to the

registration of the crime and filing of the final report. The matter is

pending as C.C.No.729 of 2014 of Judicial First Class Magistrate

Court, Payyannur.

3. Petitioners have now approached this Court contending

that the disputes have been completely resolved and parties have no

objection in quashing the proceedings. Learned counsel for the

petitioners and the learned counsel for the second respondent

referred to Annexure-A2 affidavit, affirmed by the second

respondent, reiterating the settlement. Learned counsel for the

second respondent submitted that the matter has been settled and

she has no objection in quashing the proceedings. Learned Public

Prosecutor, on instructions, submitted that the matter has now been

Crl.M.C.7531/17
2

settled and statement of the victim recorded. Having considered

these facts, I am inclined to invoke the jurisdiction under section

482 Cr.P.C.

In the result, Crl.M.C is allowed. All further proceedings

in C.C.No.729 of 2014 of Judicial First Class Magistrate Court,

Payyannur arising from Crime No.232 of 2014 of Payyannur Police

Station will stand quashed.

Sd/-

SUNIL THOMAS
Judge
Sbna/8/12/17
True Copy / P A to Judge

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