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Sujith Sundaresan vs State Represented By The Station … 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. 3191 of 2019

CRIME NO. 2057/2018 OF POOYAPALLY POLICE STATION, KOLLAM

PETITIONERS/ACCUSED 1 TO 6:

1 SUJITH SUNDARESAN
S/O.SUNDARESAN, AGED 34 YEARS, THIRUVONAM,
POOYAPPALLY P.O., KOTTARAKKARA, KOLLAM DISTRICT

2 SUNDARESAN, S/O.DAMODARAN,
AGED 67 YEARS, THIRUVONAM,
POOYAPPALLY P.O., KOTTARAKKARA, KOLLAM DISTRICT.

3 PRASANNA, W/O.SUNDARESAN, AGED 57 YEARS,
THIRUVONAM, POOYAPPALLY P.O.,
KOTTARAKKARA, KOLLAM DISTRICT.

4 JIJI, W/O.SUNU, AGED 36 YEARS, THIRUVONAM,
POOYAPPALLY P.O., KOTTARAKKARA, KOLLAM DISTRICT,
NOW RESIDING AT DEEPAM, THRIKKOVILVATTOM,
MUKHATHALA P.O., KOLLAM.

5 SUNU, S/O.KESAVAN, AGED 65 YEARS, SANTHI NIKETHAN
HOUSE, KARINGANNOOR P.O., KOTTARAKKARA, KOLLAM

6 CHANDRAN, S/O.KESAVAN, AGED 65 YEARS, SANTHI NIKETHAN
HOUSE, KARINGANNOOR P.O., KOTTARAKKARA,
KOLLAM.

BY ADV. SRI.B.MOHANLAL
Crl.MC.No. 3191 of 2019

2

RESPONDENTS/COMPLAINANT STATE:

1 STATE REPRESENTED BY THE STATION HOUSE OFFICER,
POOYAPPALLY POLICE STATION IN KOLLAM DISTRICT
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM-682 021.

2 SMT.ANJITHA S, D/O.SUJETHA, AGED 25 YEARS,
THIRUVATHIRA, NANMANDIVILA, PRAVACHAMBALAM,
NEMOM P.O., THIRUVANANTHAPURAM-695 020.

BY ADV. SRI.A.SANIL KUMAR FOR R2

OTHER PRESENT:
SR.PP.SRI.SANTHOSH PETER

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. 3191 of 2019

3

ORDER

The petitioners are the accused in Crime No.2057/2018

registered at the Pooyapally Police Station, Kollam District for

offences punishable under Section 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 Crime No.2057/2018 of Pooyapally Police

Station, Kollam District, 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

respondent, the contents of which is submitted to be true and

voluntary by the learned counsel for the second respondent,

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.
Crl.MC.No. 3191 of 2019

4

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

in Crime No.2057/2018 registered at the Pooyapally Police

Station, Kollam District is quashed.

Sd/-

V.G.ARUN,
JUDGE

okb
//True copy// P.S. to Judge
Crl.MC.No. 3191 of 2019

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APPENDIX
PETITIONERS’ ANNEXURES:

ANNEXURE A1 TRUE CERTIFIED COPY OF COMPLAINT AND FIR IN
CRIME NO.2057/2018 OF POOYAPPALLY POLICE
STATION IN KOLLAM DISTRICT.

ANNEXURE A2 TRUE COPY OF MEMORANDUM OF SETTLEMENT
ENTERED INTO BETWEEN THE 1ST PETITIONER AND
THE 2ND RESPONDENT BEFORE THE DISTRICT AND
SESSIONS COURT, KOLLAM IN
CRL.M.C.NO.329/2019.

ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED
29.04.2019 FILED BY THE 2ND RESPONDENT
BEFORE THIS HON’BLE COURT.

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