Priya @ Priyadarsini vs Jainamma Thomas on 11 July, 2017

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Kerala High Court

Priya @ Priyadarsini vs Jainamma Thomas on 11 July, 2017

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT:

      THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

   TUESDAY, THE 11TH DAY OF JULY 2017/20TH ASHADHA, 1939

                Crl.MC.No. 4544 of 2017 ()
                ---------------------------
 CRIME NO. 626/2017 OF EDATHUA POLICE STATION , ALAPPUZHA


PETITIONER(S)/ACCUSED NO. 1 & 2:
-------------------------------

         1. PRIYA @ PRIYADARSINI
            AGED 19 YEARS,
            D/O. EZHIMALA, NARIKURAVU THERUVU
            THENKASI PURAMBOKE,
            THENKASI DISTRICT, TAMIL NADU

         2. KARUMARI
            AGED 20 YEARS,
            D/O. EZHIMALA, NARIKURAVU THERUVU,
            THENKASI PURAMBOKE,
            THENKASI DISTRICT, TAMIL NADU


          BY ADV. SRI.IEANS.C.CHAMAKKALA

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

         1. JAINAMMA THOMAS
            AGED 47 YEARS,
            W/O. THOMASKUTTY,ANCHIL HOUSE,
            WARD NO.12, EDATHAU MURI
            EDATHUA VILLAGE 689 573

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


          R1 BY ADV. SRI. P.PRAMEL
          R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA

        THIS CRIMINAL MISC. CASE      HAVING COME UP FOR
ADMISSION  ON  11-07-2017, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

                Crl.MC.No. 4544 of 2017 ()
                ---------------------------

                         APPENDIX

                  PETITIONER(S)' EXHIBITS
                  -----------------------



        ANNEXURE A1    CERTIFIED COPY OF THE F.I.S

        ANNEXURE A2    CERTIFIED COPY OF THE F.I.R

        ANNEXURE A3     AFFIDAVIT SWORN IN BY THE
        1ST RESPONDENT



RESPONDENT(S)' EXHIBITS
-----------------------


                                 /TRUE COPY/


                                      P.S. TO JUDGE



               B. SUDHEENDRA KUMAR, J.

              -------------------------------------------------
               Crl.M.C. No. 4544 of 2017
              -------------------------------------------------

           Dated this the 11th day of July, 2017


                               ORDER

The petitioners are the accused in Crime No. 626 of 2017 of Edathua Police Station registered for the offence under Section 380 read with Section 34 of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the matter has been settled between the parties. The first respondent, who is the de facto complainant, filed affidavit stating that the matter has been settled between the parties and hence, she has no further grievance against the petitioners. The first petitioner is aged 19 years and the 2nd petitioner is aged 20 years. Considering the facts -2- Crl.M.C. No. 4544 of 2017 and circumstances of the case, including the fact that the matter has been settled between the parties and also taking into consideration of the age of the petitioners, I am of the view that quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash Annexure -A2 FIR, final report and further proceedings against the petitioners in Crime No. 626 of 2017 of Edathua Police Station, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.

In the result, this Crl. M.C. Stands allowed.

Sd/-B. SUDHEENDRA KUMAR, JUDGE.

ani/

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