Kerala High Court
S.N.Vishnu Prasad vs The State Of Kerala
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 30TH DAY OF MAY 2013/9TH JYAISHTA 1935
Crl.MC.No. 2166 of 2013 ()
---------------------------
CR.NO. 487/2013 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM
--------------------
PETITIONER/ACCUSED :
------------------------------------
S.N.VISHNU PRASAD, S/O. SASIDHARAN, RESIDING AT AMOOLYA
HOUSE NO. 106, GSS NAGAR, NCC ROAD
PEROORKADA, THIRUVANANTHAPURAM.
BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR
RESPONDENTS/STATE & DEFACTO COMPLAINANT :
----------------------------------------------------------------------------
1. THE STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE
PEROORKADA POLICE STATION, THIRUVANANTHAPURAM CITY.
2. INDULEKHA
D/O. OMANAKUTTY AMMA, AGED 25, MC 47
MAMMEES COLONY,PLAMOOTIL HOUSE, KURANVANKONAM
KOWDIAR VILLAGE, THIRUVANANTHAPURAM - 695 003.
R1 BY PUBLIC PROSECUTOR SRI. ROY THOMAS
R2 BY ADV. SRI.V.S.THOSHIN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30-05-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 2166 of 2013 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE A : COPY OF THE FIRST INFORMATION REPORT IN CR.NO. 487/13
OF PEROORKADA POLICE STATION.
ANNEXURE B COPY OF THE FIRST INFORMATION STATEMENT SUBMITTED BY
THE DE FACTO COMPLAINANT IN THE ABOVE CRIME CASE.
ANNEXURE C COMPROMISE AFFIDAVIT OF THE DE FACTO COMPLAINANT/2ND
RESPONDENT ATTESTED BY THE NOTARY PUBLIC.
ANNEXURE D MARRIAGE INVITATION CARD OF THE PETITIONER.
ANNEXURE E MARRIAGE PHOTOGRAPH OF THE PETITIONER AND HIS WIFE.
ANNEXURE F MARRIAGE CERTIFICATE OF THE PETITIONER DATED 21/4/13.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
P.BHAVADASAN, J.
---------------------------------------
Crl.M.C. No.2166 OF 2013
---------------------------------------
Dated this the 30th day of May, 2013.
O R D E R
The petitioner is accused in Crime No.487/2013 of Peroorkada Police Station who is alleged to have committed the offence punishable under Section 376 of Indian Penal Code. It is unnecessary to go into the details of the case for the simple reason that the petitioner has resorted to implead the de facto complainant as 2nd respondent in the proceedings. He has also produced an affidavit sworn to by the 2nd respondent wherein it is stated that she has no further grievance in the matter and she does not want to proceed with the case.
2. The 2nd respondent is represented by a counsel and an affidavit has been filed by her to the effect that she is not interested in proceeding with the matter and the matter may be given a quietus.
3. In the light of the fact that the dispute is of a personal nature and no public or social issue is involved, even though the Crl.M.C No.2166/2013 2 offence is grave and serious, and since the de facto complainant does not want to proceed with the matter, further proceedings will only be a futile exercise.
Considering the above fact, it is felt that the relief can be granted to the petitioner. Therefore, the Crl.M.C is allowed and all further proceedings in Crime No.487/2013 of Peroorkada Police Station stands quashed.
P.BHAVADASAN JUDGE smp