Kerala High Court
Manoj Kumar vs Arunima Das
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 26TH DAY OF APRIL 2016/6TH VAISAKHA, 1938
Crl.MC.No. 2583 of 2016 ()
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CC 1352/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
ATTINGAL.
CRIME NO. 300/2013 OF KILIMANOOR POLICE STATION,
THIRUVANANTHAPURAM.
....
PETITIONER(S)/ACCUSED 1 TO 3:
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1. MANOJ KUMAR, S/O.BHASKARAN,
AGED 46, MAVILA VEEDU,
PEDIKULAM, VAMANAPURAM, PULIMATH,
THIRUVANANTHAPURAM.
2. SATHYABHAMA, D/O.KAMALAKSHI,
AGED 71, MAVILA VEEDU,PEDIKULAM,
VAMANAPURAM, PULIMATH, THIRUVANANTHAPURAM.
3. BHASKARAN,S/O.GOVINDAN, AGED 73,
MAVILA VEEDU, PEDIKULAM,VAMANAPURAM,
PULIMATH, THIRUVANANTHAPURAM.
BY ADV. SRI.LIJU. M.P
RESPONDENT(S)/DEFACTO COMPLAINANT & COMPLAINANT:
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1.ARUNIMA DAS, W/O.MANOJ KUMAR, AGED 38,
GOKULAM, PEDIKULAM, PULIMATH,
THIRUVANANTHAPURAM.
2.STATE OF KERALA,
REP. BY SUB INSPECTOR OF POLICE,
KILIMANOOR POLICE STATION,
THIRUVANANTHAPURAM,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.SUNIL KUMAR A.G
R2 BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26-04-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 2583 of 2016 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A : TRUE COPY OF THE FIR IN CRIME NO.300/13 OF
KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE B : CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.300/13 OF KILIMANOOR POLICE STATION,
THIRUVANANTHAPURAM.
ANNEXURE C : ORIGINAL OF THE AFFIDAVIT DATED 04.09.15
EXECUTED BY THE 1ST RESPONDENT/DEFACTO
COMPLAINANT.
RESPONDENT(S)' ANNEXURES: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
P.V.ASHA, J.
Crl.M.C. No.2583 of 2016
Dated this the 26th day of April, 2016
ORDER
The petitioners are accused in Crime No.300/2013 of Kilimanoor Police Station, Thiruvananthapuram. The crime was registered on the basis of the complaint preferred by the first respondent herein - the de facto complainant for offences punishable under section 498A of IPC and section 31 of Protection of Women from Domestic Violence Act. Now the petitioners submit that the dispute between the petitioners and the first respondent are amicably settled. The first petitioner and the first respondent are husband and wife. Petitioners 2 and 3 are parents of the first petitioner. Petitioners have produced Annexure-C affidavit executed by the first respondent, in which she has stated that she does not have any subsisting grievance against the petitioner and she does not want to pursue the complaint against the petitioners. It is seen that the final report was already filed before the Court.
2. After hearing the learned counsel appearing for the petitioners as well as the first respondent and the learned Public Crl.M.C. No.2583 of 2016 :2: Prosecutor, I find there is no meaning in further proceeding with Crime No.300 of 2013 of Kilimanoor Police station which is pending as C.C.No.1352 of 2013 on the file of the Judicial First Class Magistrate Court-II, Attingal. Therefore, all further proceedings pursuant to Crime No.300 of 2013, final report filed before the court below and all further proceedings in C.C.No.1352 of 2013 on the file of the Judicial first Class Magistrate Court-II, Attingal shall stand quashed. Bail bond executed by the petitioners shall remain cancelled and pending applications in C.C.No.1352 of 2013 shall stand closed.
Sd/-
P.V.ASHA JUDGE rkc