Kerala High Court
Biju Joseph vs State Of Kerala on 9 March, 2017
Author: B. Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938
CRL.MC.NO. 1883 OF 2017 ()
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IN CC 49/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY
CRIME NO. 1097/2015 OF KALADY POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED NO.1 TO 4:
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1. BIJU JOSEPH,
AGED 42 YEARS,
S/O JOSEPH, ALUKKA HOUSE,
MARYGIRI BHAGAM, MANJAPRA KARA,
MANJAPRA VILLAGE.
2. JOSEPH,
AGED 71 YEARS,
S/O. CHARU, ALUKKA HOUSE,
AMALAPURAM KARA,
AYYAMPUZHA VILLAGE.
3. THRESSIA,
AGED 99 YERAS,
W/O. JOSEPH, ALUKKA HOUSE,
AMALAPURAM KARA,
AYYAMPUZHA VILLAGE
4. JIJO JOSEPH,
AGED 37 YEARS,
S/O. JOSEPH,
ALUKKA HOUSE,
AMALAPURAM KARA,
AYYAMPUZHA VILLAGE.
BY ADV. SRI.JAISON JOSEPH
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
REPRESENTING SUB INSPECTOR OF POLICE KALADY POLICE STATION
2. USHA,
AGED 31 YEARS,
D/O.SEBASTIAN, KATTOOKKARAN HOUSE,
AMMADAM KARA,
PARLAMM VILLAGE, THRISSUR DISTRICT
R2 BY ADV. SRI.P.S.APPU
R1 BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO. 1883 OF 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 CERTIFIED COPY OF THE FIR INCRIME NO.1097/2015 OF
KALADY POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET
IN CC NO.49/2016 ON THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT KALADY
ANNEXURE A3 AFFIDAVIT FILED BY RESPONDENT NO.2
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
DST
B. SUDHEENDRA KUMAR, J.
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Crl.M.C. No.1883 of 2017
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Dated this the 9th day of March, 2017
O R D E R
The petitioners are accused in C.C.No.49/2016 on the files of the court below. The second respondent is the defacto complainant. The offence alleged as per Annexure A2 final report is the offence under Sections 498A r/w 34 IPC.
2. Heard the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Public Prosecutor.
3. The second respondent filed Annexure-A3 affidavit stating that the matter has been settled between the parties and hence she has no further grievance against the petitioners. It is stated in Annexure A3 that she is presently residing along with the first petitioner as husband and wife. The above dispute arose out of family relationship. Now the Crl.M.C. No.1883 of 2017 -: 2 :- matter has been settled amicably and the first petitioner and the second respondent are residing under one roof as husband and wife. In the said circumstances, I am inclined to quash Annexure A2 final report and further proceedings against the petitioners in C.C.No.49/2016 on the files of the court below, in exercise of the inherent power vested with this Court under Section 482 Cr.P.C. to meet the ends of justice. Accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE//