IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941
Crl.MC.No. 3226 of 2019
CRIME NO. 372/2019 OF Thaliparamba Police Station , Kannur
PETITIONERS/ACCUSED 1 AND 2:
1 NISHANTH A.,
AGED 43 YEARS
S/O.NARAYANAN, AIKKAL (H), KODALLUR, NANICHERI P.O.,
TALIPARAMBA TALUK, KANNUR DISTRICT, PINCODE – 670
563.
2 NARAYANI C.,
AGED 62 YEARS
W/O.NARAYANAN, AIKKAL (H), KODALLUR, NANICHERI P.O.,
TALIPARAMBA TALUK, KANNUR DISTRICT, PINCODE – 670
563.
BY ADV. SRI.B.MUHAMMED SHAHEEL
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN – 682 031, (INVESTIGATING
OFFICER IN CRIME NO.372/2019 OF TALIPARMBA POLICE
STATION PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TALIPARAMBA).
2 JEENA M.,
D/O.JANARDHANAN, AGED 34 YEARS, MANNAN (H), ANDOOR
VILLAGE, PARASSINIKADAVU P.O., TALIPARAMBA TALUK,
KANNUR DISTRICT, PINCODE – 670 563.
BY ADV. SMT.K.REEHA KHADER
OTHER PRESENT:
SR.PP SRI.M.S.BREEZ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3226 of 2019
2
O R D E R
The petitioners are the accused in Crime No.372/2019
registered at the Taliparamba Police Station, for offences punishable
under Section 498A r/w Section 34 of IPC. Second respondent herein
is the de facto complainant. This Crl.M.C. is filed seeking to quash the
proceedings in Crime No.372/2019 registered at the Taliparamba
Police Station, on the ground that the issue leading to the registration
of the crime has been amicably settled between the petitioners and
the 2nd 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 defacto
complainant, the contents of which is submitted to be true and
voluntary by the learned counsel, 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 Crime
No.372/2019 registered at the Taliparamba Police Station is quashed.
SD/-
V.G.ARUN
shg JUDGE
Crl.MC.No. 3226 of 2019
3
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.372/2019 OF TALIPARAMBA POLICE STATION
PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TALIPARAMBA.
ANNEXURE A2 THE CERTIFIED COPY OF THE COMPLAINT FILED
BY THE 2ND RESPONDENT BEFORE THE HON’BLE
JUDICIAL FIRST CLASS MAGISTRATE,
TALIPARAMBA.
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.