Thiruvananthapuram vs By Adv. Sri.P.Anoop (Mulavana) on 16 November, 2016

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Kerala High Court

Thiruvananthapuram vs By Adv. Sri.P.Anoop (Mulavana) on 16 November, 2016

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT:

      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

 WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938

                 Crl.MC.No. 6475 of 2016 ()
                 ---------------------------

      CRIME NO. 490/2016 OF CHIRAYINKIL POLICE STATION ,
                      THIRUVANANTHAPURAM


PETITIONER/DEFACTO COMPLAINANT
-------------------------------

           PRABHASONY
           AGED 34 YEARS, D/O.THANKAMONY,
          SBR BHAVAN, PERINGUZHI P.O., CHIRAYINKEEZHU,
          THIRUVANANTHAPURAM DISTRICT.


           BY ADV. SRI.P.ANOOP  (MULAVANA)

RESPONDENT/STATE
--------------

            STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM 682 031.


           BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

       THIS CRIMINAL MISC. CASE  HAVING COME UP FOR ADMISSION
ON    16-11-2016,  THE  COURT  ON  THE  SAME  DAY  PASSED  THE
FOLLOWING:

Crl.MC.No. 6475 of 2016 ()
---------------------------

                           APPENDIX

PETITIONER(S)' ANNEXURES
-----------------------
ANNEXURE-A1.   TRUE COPY OF THE FIR IN CRIME NO.490/2016 OF
                CHIRAYINKIL POLICE STATION, THIRUVANANTHAPURAM

ANNEXURE-A2.   TRUE COPY OF THE AFFIDAVIT FILED BY THE
                PETITIONER

RESPONDENT(S)' ANNEXURES
--------------------------


                             NIL


                                                   /TRUE COPY/


VPS
                                                   PS TO JUDGE



                 RAJA VIJAYARAGHAVAN.V, J
              ----------------------------------------
                   Crl.M.C. No.6475 of 2016
             -----------------------------------------
         Dated this the 16th day of November, 2016

                            O R D E R

1.This petition is filed under S.482 of the Code of Criminal Procedure ( hereinafter referred to as the Code ) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

2.The petitioner, the de facto complainant, in Crime No.490 of 2016 of the Chirayinkil Police Station registered for offences punishable under sections 457, 461 and 380 of the IPC . Alleging that some unknown person had entered into her house stealthily and had stolen valuables including gold and mobile phones, a statement was furnished based on which the aforesaid crime was registered. The aforesaid proceedings are sought to be quashed .

3.The petitioner has filed Annexure-A2 affidavit before this Court wherein it is stated that the gold ornaments were recovered Crl.M.C.6475/2016 2 from her home itself. According to the petitioner, she does not wish that the criminal proceedings should continue any further.

4.The learned Public Prosecutor has not raised any serious objection in quashing the proceedings.

5.After having considered the submissions, I am of the view that no purpose will be served in continuing with the investigation as the informant himself has approached this Court seeking to quash the proceedings.

6.I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings.

In the result, this petition will stand allowed. Annexure-A1 FIR and all further proceedings in Crime No 490 fo 2016 are quashed.

Sd/-

RAJA VIJAYARAGHAVAN.V. JUDGE vps

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