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
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
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//P.A. TO JUDGE//
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