Kerala High Court
Crl.MC/3462/2012 of PRAJEESH Vs THE STATE OF KERALA 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. 3462 of 2012 () -------------------------- CC.390/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI (CRIME NO. 51/2011 OF THE
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. 3462 of 2012 ()
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CC.390/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT,PARAPPANANGADI
(CRIME NO. 51/2011 OF THE THENHIPALAM POLICE STATION)
PETITIONERS/ACCUSED:
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1. PRAJEESH
S/O.PREMRAJ, GEETHALAYAM, PARAMBILPEEDIKA P.O. MALAPPURAM DISTRICT.
2. SHYLAJA
W/O.PREMRAJ, GEETHALAYAM, PARAMBILPEEDIKA P.O. MALAPPURAM DISTRICT.
3. MEENAKSHI
GEETHALAYAM, PARAMBILPEEDIKA P.O. MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR
SRI.K.RAKESH
COMPLAINANT(S)/STATE AND DEFACTO COMPLAINANT:
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1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. M.P.DEEPTHI
D/O.M.P.VIJAYAN, MADATHUPARAMBIL HOUSE
VALAKKULAM P.O., MALAPPURAM DISTRICT, PIN-676 315.
R2 BY ADV. SRI.RAVI KRISHNAN
BY PUBLIC PROSECUTOR SMT.V.H. JASMINE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3462 of 2012 ()
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS :NIL
//TRUE COPY//P.A. TO JUDGE.
dlk
T.R. RAMACHANDRAN NAIR, J.
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Crl. M.C. No.3462 OF 2012
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Dated this the 31[st] day of December, 2012.
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O R D E R
The petitioners are seeking to quash the entire proceedingsin C.C.No.390/2011 of the Judicial First Class Magistrate Court,Parappanangadi arising out of Crime No.51/2011 of theThenhipalam Police Station.
2. The petitioners are the accused in a complaint filed bythe 2[nd] respondent herein. The 2[nd] respondent has filed a privatecomplaint alleging offence under Section 498A of the Indian PenalCode. Annexure A is a copy of the said complaint. Annexure B isa true copy of the First Information Report in Crime No.51/2011.Annexure C is a copy of the charge sheet filed by the Police basedon which the court below took cognizance of the offence and nowthe case is numbered as C.C.No.390/2011.
3. In paragraph 3 of the writ petition, it is averred that theentire disputes between the 2[nd] respondent and the accused havebeen settled. Annexure D is a copy of the notarized affidavit sworn to by the 2[nd] respondent stating that she has no objectionin quashing the proceedings in the case. It is also averred inparagraph 4 that after the settlement, the spouses are livingseparately.
4. Heard the learned counsel for the 2[nd] respondent and thelearned Public Prosecutor. It appears that the parties haveentered into a settlement and have divorced already. It issubmitted that the 2[nd] respondent has already remarried.
In the light of the above, as the case arose only inconnection with a private dispute between the parties and in thelight of the settlement, it is not necessary to proceed with thematter. Therefore, by invoking the jurisdiction under Section 482
of the Code of Criminal Procedure, the proceedings inC.C.No.390/2011 of the Judicial First Class Magistrate Court,Parappanangadi are quashed.
The Crl. M.C. is allowed as above.
T.R. RAMACHANDRAN NAIRJUDGE
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