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Syamkumar 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. 3214 of 2019

AGAINST THE ORDER IN CC 940/2010 of JUDICIAL MAGISTRATE OF FIRST
CLASS ,VARKALA

CRIME NO. 102/2010 OF KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM

PETITIONERS/ACCUSED 1 TO 4:

1 SYAMKUMAR,
AGED 48 YEARS,
S/O.HARIDAS, SWAPNA NIVAS, ALUMMOODU, KALLAMBALAM,
THIRUVANANTHAPURAM DISTRICT – 695 605.

2 HARIDAS,
AGED 76 YEARS,
S/O.MADHAVAN, SWAPNA NIVAS, ALUMMOODU, KALLAMBALAM,
THIRUVANANTHAPURAM DISTRICT – 695 605.

3 SWAPNA KUMARI,
AGED 43 YEARS,
D/O.VANAJAKSHI AMMA, VALIYAVILA VEEDU, NEAR KOVOOR
MANTHRIKADA JUNCTION, PALAYAMKUNNU, CHEMMARUTHI P.O.,
VARKALA, THIRUVANANTHAPURAM DISTRICT – 695 145.

4 REVATHI,
AGED 23 YEARS,
D/O.SWAPNA KUMARI, VALIYAVILA VEEDU, NEAR KOVOOR
MANTHRIKADA JUNCTION, PALAYAMKUNNU, CHEMMARUTHI P.O.,
VARKALA, THIRUVANANTHAPURAM DISTRICT – 689 145.

BY ADV. SRI.M.DINESH

RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN- 682 031.

2 BINDHU,
AGED 45, D/O.SANTHAKUMARI, SWAPNA NIVAS, ALUMMOODU,
KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PRESENTLY
RESIDING AT S/516, NEW 23, VAYAL HOUSE, CHANNAPPA
Crl.M.C.No. 3214 of 2019
-:2:-

CROSS, NEAR R.K.HOSPITAL, KAMMANAHALLI MAIN ROAD,
BANGALORE NORTH – 560 084.

BY ADV. SRI.C.S.SUMESH

OTHER PRESENT:
SR.PP.SRI.MS.BREEZ

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 3214 of 2019
-:3:-

O R D E R

The petitioners are accused Nos. 1 to 4 in

C.C.No. 940 of 2010 on the file of the Judicial

First Class Magistrate Court-I, Varkala. The

offences alleged against the petitioners are under

Section 498A read with Section 34 of the Indian

Penal Code. The 2nd respondent herein is the de facto
complainant. This Crl.M.C is filed seeking to quash

the proceedings in C.C.No. 940 of 2010 on the

file of the Judicial First Class Magistrate Court-I,

Varkala 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 2nd

respondent and the learned Public Prosecutor.

3. Having perused the affidavit filed by the

2nd respondent, the contents of which is submitted

to be true and voluntary by the learned counsel for

the 2nd 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.M.C.No. 3214 of 2019
-:4:-

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

proceedings in C.C.No. 940 of 2010 on the file of

the Judicial First Class Magistrate Court-I, Varkala

is quashed. The trial court may pass appropriate

orders for the disposal of the material objects, if

any, seized during the course of investigation.

Sd/-

V.G.ARUN
JUDGE
DST
Crl.M.C.No. 3214 of 2019
-:5:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN CRIME
NO.102/2010 OF KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
CC.NO.940/2010 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, VARKALA
WHICH AROSE FROM CRIME NO.102/2010 OF
KALLAMBALAM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.

ANNEXURE A3 NOTARIZED AFFIDAVIT OF THE 2ND
RESPONDENT/DE-FACTO COMPLAINANT DATED
6/4/2019.

RESPONDENTS’ EXHIBITS: NIL

//True copy//

P.A.To Judge

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