Kerala High Court
Crl.MC/2856/2012 of SINOJ ROY Vs EVA REENA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Crl.MC.No. 2856 of 2012 (B) -------------------------- CR.NO.704/2011 OF PERUMBAVOOR POLICE STATION PETITIONER(S)/ACCUSED 1 TO 3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Crl.MC.No. 2856 of 2012 (B)
--------------------------
CR.NO.704/2011 OF PERUMBAVOOR POLICE STATION
PETITIONER(S)/ACCUSED 1 TO 3:----------------------------
1. SINOJ ROY, AGED 30 YEARS, CHIRAKKEKARAN HOUSE, PIPE LINE ROAD, MYLEEPADAM, THRISSUR. CHIRAKKEKARAN HOUSE, PIPE LINE ROAD, MYLEEPADAM, THRISSUR.
2. JOY CHIRAKKEKARAN, RESIDING DO.
3. JULIIET JOY, W/O.JOY, RESIDING DO.
BY ADV. SRI.P.K.ANIL
RESPONDENTS/COMPLAINANT/STATE:
------------------------------
1. EVA REENA,
D/O.VARGHESE, CHIRAYTATH HOUSE, IRINGOLE, VATTAKATTUPADY, PERUMBAVOOR. VATTAKATTUPADY, PERUMBAVOOR.
2. SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION.
3. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.GEO PAULR1 BY ADV. SRI.SANU MATHEWR1 BY ADV. SRI.C.R.PRAMODR1 BY ADV. SRI.S.ASHOK KUMAR.R1 BY ADV. SRI.NOEL JOSEPHR1 BY ADV. SRI.K.V.REJANISHR2 TO R3 BY SMT.V.H.JASMINE, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AS
Crl.MC.No. 2856 of 2012 (B)
APPENDIX
PETITIONER(S) EXHIBITS:
ANNEXURE-I:TRUE COPY OF THE FIRST INFORMATION REPORT.
RESPONDENTS' EXHIBITS:NIL
/TRUE COPY/P.A.TO JUDGE
AS
T.R. RAMACHANDRAN NAIR, J.
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Criminal M.C.No.2856/2012
~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31[st]day of December, 2012
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O R D E R
The criminal miscellaneous case is filed by the petitioner seeking toquash Annexure-A1 report in Crime No.704/11 of Perumbavoor PoliceStation and all subsequent proceedings thereafter.
2. It is a matter where the petitioners have been arrayed asaccused alleging commission of offences punishable under Sections 498A,120B read with Section 34 of the Indian Penal Code. The second and thirdpetitioners are parents of the first petitioner.
3. The first respondent is the wife of the first petitioner. Theirmarriage was held on 25/07/2008. Because of certain disputes betweenthem, the parties have separated and it is averred in para.3 that due to theintervention of relatives, the first respondent and the first petitioner haveresolved their disputes and they decided to file a joint petition for divorcebefore the Family Court, Thrissur. Now, the matter is pending asO.P.No.1417/2012.
4. Heard the learned counsel for the petitioners, learned counselfor the first respondent and the learned Public Prosecutor.
5. Learned counsel for the first respondent also submitted thatthe matter has been settled.
6. The Apex Court in the Judgment in Joshi v. State of Haryana[2003 (2) KLT 1062 (SC)] has held that Section 320 of the Code of Criminal Crl. M.C.No.2856/2012
Procedure is not a bar for this Court to pass orders under Section 482 ofthe Cr.P.C in a fit case. Herein, in the light of the settlement between theparties, it is unnecessary to proceed with the criminal case. Parties havealso decided to separate themselves and have approached the FamilyCourt by filing the joint petition, which is the admitted position.
7. In the light of the above, the criminal miscellaneous case isallowed. The proceedings, Annexure-I report in Crime No.704/11 ofPerumbavoor Police Station will stand quashed. No costs.
Sd/-
ms
(T.R. Ramachandran Nair, Judge.)