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Crime No. 366/2013 Of Paravoor … vs By Advs on 3 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941

Crl.MC.No. 8708 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 572/2014 OF JUDICIAL MAGISTRATE
OF FIRST CLASS , PARAVOOR

CRIME NO. 366/2013 OF PARAVOOR POLICE STATION , KOLLAM

PETITIONERS/ACCUSED

1 SUBHASH VIJAYAN,
AGED 36 YEARS,
S/O.VIJAYAN, POOPPARAMBIL VEEDU, PATTIMATTAM,
KOOVAPPALLY VILLAGE, KOTTAYAM DISTRICT – 686 518.

2 VIJAYAN,
AGED 60 YEARS,
S/O.NARAYANAN, POOPPARAMBIL VEEDU, PATTIMATTAM,
KOOVAPPALLY VILLAGE, KOTTAYAM DISTRICT – 686 518.

BY ADVS.
SRI.K.SIJU
SMT.S.SEETHA

RESPONDENT/S:
1 STATE OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE
STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM – 682 031.

2 SARANYA,
D/O.SASIDHARAN, ITTIVILA VEEDU, KOTTAPPURAM,
PARAVOOR, KOLLAM – 691 301.

BY ADV. SRI.A.MUHAMMED RAFFI

OTHER PRESENT:
PRIYA SHANAVAS KHAN PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8708 of 2018

-:2:-

ORDER

The petitioners are the accused in C.C.No.572/2014

on the file of the Judicial First Class Magistrate Court,

Paravoor, Kollam. The offences alleged against the

petitioners are under Sections 498A, 232 r/w Section 34

of IPC and Sections 3, Section4 Section6 of Dowry Prohibition Act.

The second respondent herein is the de facto

complainant. This Crl.M.C is filed seeking to quash the

proceedings in C.C.No.572/2014 on the file of the Judicial

First Class Magistrate Court, Paravoor, Kollam on the

ground that the issue leading to the registration of the

crime has been amicably settled between the petitioners

and the second respondent.

2. Heard the learned counsel for the petitioners,

the learned counsel for the second respondent and the

learned Public Prosecutor.

3. Having perused the affidavit filed by the second
Crl.MC.No.8708 of 2018

-:3:-

respondent, the contents of which is submitted to be true

and voluntary, I am satisfied that the matter has been

amicably settled and that no public interest is involved in

this matter. Hence, there is no impediment in granting

the relief sought.

In the result, this Crl.M.C is allowed. The

proceedings in C.C.No.572/2014 on the file of the Judicial

First Class Magistrate Court, Paravoor, Kollam is quashed.

If any material objects have been seized during the

course of investigation, the trial court may pass

appropriate orders for their disposal.

Sd/-

V.G.ARUN
JUDGE
DST
Crl.MC.No.8708 of 2018

-:4:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 THE COPY OF FIR WITH PRIVATE COMPLAINT IN
CRIME NO.366/2013 OF PARAVOOR POLICE
STATION.

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME 366/2013
OF PARAVOOR POLICE STATION.

ANNEXURE 3 THE CERTIFIED COPY OF SETTLEMENT AGREEMENT
REACHED BETWEEN THE PETITIONERS AND THE 2ND
RESPONDENT.

ANNEXURE 4 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
REGARDING THE COMPROMISE DATED 12/12/2018.

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