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Siju Thomas vs State Of Kerala 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. 8398 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 1301/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III, PUNALUR

CRIME NO. 102/2014 OF PATHANAPURAM POLICE STATION , KOLLAM

PETITIONER/ACCUSED:

SIJU THOMAS,
AGED 47 YEARS,
S/O.THOMAS NINAN,PUTHENPURAKKAL HOUSE, MAKKULAM,
PIRAVANTTOR, PATHANAPURAM TALUK, PIN-689695.

BY ADVS.
SRI.M.S.UNNIKRISHNAN
SMT.A.G.NISHA
SMT.C.V.VEENA
SMT.M.ARDRA KRISHNAN
SMT.SUSAN JACOB (S-3481)
SRI.CHRISTINE MATHEW
SRI.JITHIN PAUL VARGHESE
SRI.K.SUNIL
SRI.V.S.SREEJITH

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, PIN-682031.

2 SUJA THOMAS,
AGED 45 YEARS,
D/O.THOMAS, MAKKULAM, PIRAVANTTOR, PATHANAPURAM
TALUK, PIN-689695.

BY ADV. SRI.P.FAZIL

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.8398 of 2018

-:2:-

ORDER

The petitioner is the first accused in

C.C.No.1301/2016 on the file of the Judicial First Class

Magistrate Court-III, Punalur. The offences alleged

against the petitioner are under Sections 498A r/w

Section 34 of IPC . The second respondent herein is the

de facto complainant. This Crl.M.C is filed seeking to

quash the proceedings in C.C.No.1301/2016 on the file of

the Judicial First Class Magistrate Court-III, Punalur, on

the ground that the issue leading to the registration of

the crime has been amicably settled between the

petitioner and the second respondent.

2. Heard the learned counsel for the petitioner, the

learned counsel for the second respondent and the

learned Public Prosecutor.

3. Having perused the affidavit filed by the second
Crl.MC.No.8398 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.1301/2016 on the file of the

Judicial First Class Magistrate Court-III, Punalur, as

against the first accused is quashed.

Sd/-

V.G.ARUN
JUDGE
DST
Crl.MC.No.8398 of 2018

-:4:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.102
OF 2014 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, PUNALUR.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.1301 OF 2016 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-
III,PUNALUR.

ANNEXURE C AFFIDAVIT FILED IN THIS HON’BLE HIGH COURT
BY THE 2ND RESPONDENT.

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