Allowed

Suresh Babu v. State of Kerala

Kerala HC2 Jun 2015Crl.MC/2287/2015

Case brief

AI extract

What is this about?

This criminal miscellaneous petition, filed under Section 482 Cr.P.C., sought quashing of criminal proceedings alleging matrimonial offences. The court accepted the settlement and the affidavit filed by the second respondent, holding it a fit case to exercise inherent jurisdiction.

What did the court decide?

Quashed the proceedings in C.C.No.280/2015 filed before the Chief Judicial Magistrate Court, Manjeri.

Suresh Babu Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937

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Crl.MC.No. 2287 of 2015 ()

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CC.NO. 280/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI

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PETITIONERS/ACCUSED NOS. 1 AND 2 :

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1. SURESH BABU SON OF LATE GOPALAKRISHNA PANICKER AGED 32 YEARS, CHETTIYARAKKAL, PERIYAMBALAM,

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PULIKKAL, MALAPPURAM.

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2. NARAYANI AMMA,

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WIFE OF LATE GOPALAKRISHNA PANICKER, AGED 52 YEARS, CHETTIYARAKKAL PERIYAMBALAM, PULIKKAL, MALAPPURAM.

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BY ADV. SRI.P.K.NIJOY

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RESPONDENTS/STATE & COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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2. SANDHYA,

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DAUGHTER OF SHIVASANKARAN, AGED 22 YEARS, SHIVAPURI, THRIKKALANGODE MANJERI, MALAPPURAM.

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R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.C.JOSEPH JOHNY

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 2287 of 2015 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE-A1: CERTIFIED COPY OF THE PRIVATE COMPLAINT.

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ANNEXURE-A2: CERTIFIED COPY OF THE FIR IN CRIME NO.788 OF 2014 DATED 17.7.2014.

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ANNEXURE-A3: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.788 OF 2014 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI. ANNEXURE-A4: TRUE COPY OF THE AFFIDAVIT DATED 22.3.2015 OF THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

K. ABRAHAM MATHEW, J.

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- - - - - - - - - - - - - - - - - - - - - - -

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CRL.M.C.No.2287 of 2015

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 2^nd day of June, 2015

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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First petitioner is the husband of the second

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respondent. The other petitioner is his mother in CC.No.280/2015 on the file of the Chief Judicial Magistrate, Court, Manjeri. The petitioners are alleged to have committed the offences under Sections 323, 341, 406 and 498A of Indian Penal Code. It is submitted that the matter has been settled. The request is to quash the proceedings in the criminal case.

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Heard the learned counsel for the petitioners and

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for the second respondent and the learned Public Prosecutor.

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The second respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit case to invoke the jurisdiction of this court under Section 482 to quash the proceedings in the criminal case.

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

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CRL.M.C.No.2287 of 2015 2

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in C.C.No.280/2015 on the file of the Chief Judicial Magistrate

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Court, Manjeri is quashed.

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K. ABRAHAM MATHEW JUDGE

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R.AV

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//True Copy//

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PA to Judge

Suresh Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh Babu v. State of Kerala

Case brief

What is this about?

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