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Nishanth A vs State Of Kerala on 10 May, 2019

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.

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