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Crime No. 1203/2012 Of Kalady … vs Deepak Varghese on 28 February, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

TUESDAY, THE 28TH DAY OF FEBRUARY 2017/9TH PHALGUNA, 1938

Crl.MC.No. 1120 of 2016 ()
—————————

CRIME NO. 1203/2012 OF KALADY POLICE STATION , ERNAKULAM

PETITIONERS/ACCUSED:

1. DEEPAK VARGHESE, AGED 31 YEARS,
S/O.VARGHESE, RESIDING AT PADINAREPURAKKAL,
VELLARAPPALLY P.O., SREEMOOLA NAGARAM,
ALUVA, ERNAKULAM-683 580.

2. ALPHONSA VARGHESE
W/O.P.G.VARGHESE, PADINAREPURAKKAL,
VELLARAPPALLY CHOVVARA P.O., SREEMOOLA NAGARAM, ALUVA,
ERNAKULAM-683 580.

3. P.G.VARGHESE
S/O.GEORGE, PADINAREPURAKKAL,
VELLARAPPALLY CHOVVARA P.O., SREEMOOLA NAGARAM,
ALUVA, ERNAKULAM-683 580.

4. ROOPAK VARGHESE
S/O.P.G.VARGHESE, PADINAREPURAKKAL,
VELLARAPPALLY CHOVVARA P.O.,
SREEMOOLANAGARAM, ALUVA, ERNAKULAM-683 580.

BY ADVS.SRI.A.JAYASANKAR
SRI.MANU GOVIND
SRI.C.V.MANUVILSAN

RESPONDENT(S):

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

2. JESNA, AGED 24 YEARS,
D/O.THOMMANA JOSE, MOTHIRAKUNI DESOM, PARIYAROM VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR-680 683.

R2 BY ADV. SRI.K.M.SREEKANTH
R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1120 of 2016 ()
—————————

APPENDIX

PETITIONER(S)’ ANNEXURES
———————–

ANNEXURE-A. TRUE COPY OF THE FIR IN CRIME NO.1203/2012 REGISTERED BY
THE KALADY POLICE

ANNEXURE-A2. THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT

ANNEXURE A3: FIR IN CRIME NO.1203/12 OF KALADY POLICE STATION.

ANNEXURE A4: FINAL REPORT IN C.C. 1024/2015 ON THE FILES OF THE
JFCM, PERUMBAVOOR.

RESPONDENTS)’ ANNEXURES: NIL
———————–

TRUE COPY

P.A. TO JUDGE.

kp

B. SUDHEENDRA KUMAR, J
– – – – – – – – – – – – – – – – – – – –
Crl.M.C. No. 1120 of 2016
– – – – – – – – – – – – – – – –
Dated 28th February, 2017
– – – – – – – – – – – – – – – – – – – – – – – –

ORDER

The petitioners are accused in C.C.No.1024 of 2015 on

the files of the court below. The respondent No.2 is the de

facto complainant. The offence alleged is the offence under

Section 498A read with Section 34 of the IPC.

2. Heard the learned counsel for the petitioners, the

learned counsel for the 2nd respondent and the learned

Public Prosecutor.

3. Annexure A2 affidavit has been filed by the 2nd

respondent stating that the matter has been settled and

hence she has no further grievance against the petitioners.

The 1st petitioner is the husband and other petitioners are

the in-laws of the 2nd respondent.

4. Since the dispute in this case arose out of family

relationship, I am of the view that it is only just and proper

to quash Annexure A4 final report and further proceedings

Crl.M.C. No.1120 of 2016 -2-

in C.C.No.1024 of 2015 on the files of the court below to

meet the ends of justice. Accordingly I order so.

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

Sd/-

B. SUDHEENDRA KUMAR,
JUDGE

kp/28.02.17

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