Lalidharan vs State Of Kerala on 23 June, 2016

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Kerala High Court

Lalidharan vs State Of Kerala on 23 June, 2016

Bench: Sunil Thomas

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

        THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

                     Crl.MC.No. 3557 of 2016 ()
                     ---------------------------

CRIME NO. 1187/2014 OF FORT POLICE STATION, THIRUVANANDAPURAM




PETITIONER(S):
-------------

            LALIDHARAN
            AGED 27 YEARS,
            S/O. UNNIKRISHNAN,
            RESIDING AT PANAYILVEEDU, T.C.22/322(1)
            ATTUKAL, MANAKKADU VILLAGE,
            THIRUVANANTHAPURAM.


            BY ADV. SMT.K.P.SANTHI



RESPONDENT(S):
--------------

          1. STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,

          2. ATHIRA R.
            AGED 25 YEARS, D/O. RAVIRAJAN POTTI,
            NEELAMANA, ELAMPATHADAM, MUDAKKAL.P.O.
            AVANAVANCHERY, ATTINGAL,
            THIRUVANANTHAPURAM DIST.


            R2  BY ADV. SRI.SHAMMI VIJAYAN
            R BY PUBLIC PROSECUTOR SMT.M.T.SHEEBA


       THIS CRIMINAL MISC. CASE  HAVING COME UP FOR ADMISSION ON
23-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 3557 of 2016 ()




                              APPENDIX




PETITIONERS EXHIBITS


ANNEXURE A1      THE CERTIFIED COPY OF THE CHARGE SHEET AND FINAL
REPORT IN CRIME NO.1187/2014 OF FORT POLICE STATION.




RESPONDENTS EXHIBITS   :    NIL




                                                         /TRUE COPY/




                                                      P. A. TO JUDGE




Pn



                         SUNIL THOMAS, J.
                -------------------------------------------
                   Crl. M. C. No. 3557 of 2016
                -------------------------------------------
             Dated this the 23rd day of June, 2016

                               O R D E R

The petitioner herein is the sole accused in Crime No.1187/2014 of Fort Police Station for offences punishable under Sections 321, 322, 323, 340, 341, 342, 354, 498A and 34 IPC.

2. The petitioner herein had married the defacto complainant on 11.03.2010 and thereafter they have been living together. The matrimonial relationship between the parties got strained and a complaint was laid by the wife alleging matrimonial cruelty. After investigation, final report was laid and the matter is now pending as C.C. No.3322/2014 of the Judicial First Class Magistrate Court-II. Crl.M.C. is filed to quash the proceedings.

3. Heard the learned counsel for the petitioner, learned counsel for the 2nd respondent and learned Public Prosecutor.

4. Learned Public Prosecutor on instructions submitted that the petitioner herein is not involved in any other crime. The learned counsel for the 2nd respondent submitted that the disputes between the parties have been settled and that she has Crl. M. C. No. 3557 of 2016 2 been instructed to submit accordingly in terms of the settlement made in the affidavit along with Crl.M.C.

5. Having regard to these facts, I am inclined to hold that the dispute between the parties is only a private dispute and no larger public interest survives. Hence, I am inclined to allow the Crl.M.C. Crl.M.C. is allowed. All further proceedings in C.C. No.3322/2014 of the Judicial First Class Magistrate Court-II stand quashed.

Sd/-

SUNIL THOMAS, JUDGE.

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