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Vipin Das V.S 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. 3038 of 2019

AGAINST THE ORDER/JUDGMENT IN CMP 284/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,KATTAKADA

CRIME NO. 284/2019 OF MALAYINKEEZH POLICE STATION ,
THIRUVANANTHAPURAM

PETITIONERS/ 1 TO 4 ACCUSED:

1 VIPIN DAS V.S.,
AGED 35 YEARS,
S/O.VIJAY DAS, VINEETHA BHAVAN, POTTAYIL
VILAVOORKKAL VILLAGE MALAYINKIL, TRIVANDRUM.

2 VIJAY DAS,
VINEETHA BHAVAN, POTTAYIL VILAVOORKKAL VILLAGE
MALAYINKIL, TRIVANDRUM.

3 VINEETHA RANI,
VINEETHA BHAVAN, POTTAYIL VILAVOORKKAL VILLAGE
MALAYINKIL, TRIVANDRUM.

4 SUJATHA,
VINEETHA BHAVAN, POTTAYIL VILAVOORKKAL VILLAGE
MALAYINKIL, TRIVANDRUM.

BY ADV. SRI.M.R.SARIN

RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
CHIRAYINKIYIL, REPRESENTED THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2 PRATHYAKSHA.R.P.,
AGED 27 YEARS,
D/O.RAVEENDRAN, PRATHYAKSHA BHAVAN, ALTHARA JUNCTION,
VILAVOORKAL MALAYINKEEZHU P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.V.VINAR
Crl.MC.No.3038 of 2019

-:2:-

OTHER PRESENT:
PRIYA SHANAVAS KHAN PP

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.3038 of 2019

-:3:-

ORDER

The petitioners are accused Nos.1 to 4 in Crime

No.284 of 2019 of Malayinkeezhu Police Station

registered for the offences 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. 284 of 2019 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
Crl.MC.No.3038 of 2019

-:4:-

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.284 of 2019 of Malayinkeezhu

Police Station is quashed.

Sd/-

V.G.ARUN
JUDGE
DST
Crl.MC.No.3038 of 2019

-:5:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF CMP NO.284/19 FILED BY THE
2ND RESPONDENT BEFORE JFCM COURT-KATTAKADA.

ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME 284/19 OF
MALAYINKIL POLICE STATION, TRIVANDRUM.

ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT
BEFORE THE HON’BLE HIGH COURT OF KERALA.

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