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Cc 900/2012 Of Addl.C.J.M. vs S.Saravanakumar on 15 April, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

WEDNESDAY, THE 28TH DAY OF JUNE 2017/7TH ASHADHA, 1939

Crl.MC.No. 4267 of 2017 ()
—————————
CC 900/2012 of ADDL.C.J.M.,TRIVANDRUM
CRIME NO. 693/2012 OF MECICAL COLLEGE POLICE STATION ,
THIRUVANANDAPURAM

PETITIONER(S)/ACCUSED NOS. 1 TO 5:
———————————

1. S.SARAVANAKUMAR
S/O.SADAGOPALAN, AGED 37,
S.S.NILAYAM, SIVANAGAR,
KANJIKKODE, PALAKKAD-678 621.

2. SADAGOPALAN
S/O.ARUNACHALAM PILLAI, AGED 67,
S.S.NILAYAM, SIVANAGAR,
KANJIKKODE, PALAKKAD-678 621.

3. S.SANTHOSHKUMAR
S/O.SADAGOPALAN,S.S.NILAYAM, SIVANAGAR,
KANJIKKODE, PALAKKAD-678 621.

4. C.K.MAYA
D/O.SADAGOPALAN,S.S.NILAYAM, SIVANAGAR,
KANJIKKODE, PALAKKAD-678 621.

BY ADV. SRI.J.S.AJITHKUMAR

RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
—————————————-

1. STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM,
(CRIME NO.71 OF 2013 OF
NEDUMANGADU POLICE STATION)

2. SUMITHA M.S.
D/O.SUDHAKUMARI AMMA, AGED 35,
VISAKHAM, B-20, TC 2/965/II PALOOR LANE,
MURINJAPALAM, PATTOM VILLAGE, MEDICAL COLLEGE,
THIRUVANANTHAPURAM.

R2 BY ADV. SRI.RINU. S. ASWAN
BY PUBLIC PROSECUTOR SRI. E.C. BINEESH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 28-06-2017, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

Crl.MC.No. 4267 of 2017 ()
—————————

APPENDIX

PETITIONER(S)’ EXHIBITS
———————–

ANNEXURE A : TRUE COPY OF CHARGE SHEET
IN CC NO.900/2012 ON THE ADDITIONAL
CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.

ANNEXURE B: ORIGINAL OF THE AFFIDAVIT
SWORN BY THE 2ND RESPONDENT BEFORE
THE NOTARY PUBLIC DATED 15-4-2017.

RESPONDENT(S)’ EXHIBITS
———————–

B. SUDHEENDRA KUMAR, J.

————————————————-
Crl.M.C. No. 4267 of 2017
————————————————-

Dated this the 28th day of June, 2017

ORDER

The petitioners are the accused in C.C. No. 900 of

2012 on the files of the court below. The offence alleged is

the offence under Section 498A read with Section 34 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 between the parties. The 2nd

respondent, who is the de facto complainant, filed

affidavit stating that the matter has been settled between

the parties and hence, she has no further grievance against

the petitioners. The above dispute arose out of family

relationship. Therefore, since the matter has been settled

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

-2-

Crl.M.C. No. 4267 of 2017

final report and further proceedings against the petitioners

in C.C. No. 900 of 2012 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.

ani/

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