Anu Krishna vs State Of Kerala on 28 September, 2018

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Kerala High Court

Anu Krishna vs State Of Kerala on 28 September, 2018

Bench: Sunil Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    FRIDAY ,THE 28TH DAY OF SEPTEMBER 2018 / 6TH ASWINA, 1940

                      Crl.MC.No. 5839 of 2018

   AGAINST THE ORDER/JUDGMENT IN CC 311/2018 of JMFC, KAKKANAD
                           (TEMPORARY)

  CRIME NO. 1729/2017 OF Thrikkakara Police Station , Ernakulam



PETITIONER/ACCUSED:


             ANU KRISHNA
             AGED 37 YEARS
             S/O GOPALAKRISHNA PILLAI, SIVASAILAM HOUSE,
             NEAR THEVARAPPURAM UP SCHOOL, MAMPRA KANNEL KARA,
             KAYAMKULAM, KRISHNAPURAM VILLAGE, ALAPPUZHA DISTRICT.

             BY ADV. JAISON JOSEPH



RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR
             HIGH COURT OF KERALA
             ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE,
             THRIKKAKARA POLICE STATION-682021.

      2      SOUMYA K. S
             AGED 32 YEARS
             D/O SOMAN PILLAI, SUJITH BHAVANAM,
             NEAR PALLIMUKKU CHURCH, MEMANA DESOM, OCHIRA VILLAGE,
             KOLLAM DISTRICT 690526.

             BY ADV. SRI.P.S.APPU


OTHER PRESENT:
             T.R RENJITH PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION             ON
28.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.5839/18
                                        2




                                    ORDER

Petitioner stands arrayed as the sole accused in C.C.No.311 of 2018 of the Judicial First Class Magistrate Court, Kakkanad for offences punishable under sections 323, 498A, 294(b), 506 and 509 of the Indian Penal Code and section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015.

2. It was alleged by the second respondent that, she was subjected to cruelty by the petitioner herein. Accordingly, crime was registered and after investigation, final report was laid. Pending the proceedings, parties are stated to have entered into a mediated settlement in a matrimonial proceedings pending before the Family Court, Chavara. Annexure-A4 is the photocopy of the mediation settlement arrived at between the parties. Learned counsel for the petitioner and learned counsel for the second respondent submitted that the parties have resolved all their disputes. Learned Public Prosecutor also submitted that the settlement has been reported to the investigating agency.

3. There is nothing on record to show that the petitioner herein is involved in any other crime. Having considered these facts, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.

Crl.M.C.5839/18

In the result, Crl.M.C is allowed. All further proceedings in C.C.No.311 of 2018 of the Judicial First Class Magistrate Court, Kakkanad will stand quashed.

Sd/-

SUNIL THOMAS JUDGE Sbna/ Crl.M.C.5839/18 4 APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.1729/2017 OF THRIKKAKARA POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN C.CNO.311/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT KAKKANAD.

ANNEXURE A3 AFFIDAVIT FILED BY RESPONDENT NO.2.


ANNEXURE A4           PHOTOCOPY   OF   THE    MEDIATION   AGREEMENT
                      EXECUTED         IN          O.P.NO.330/2017,

O.P.NO.446/2016, C.M.P.NO.75/2017 BETWEEN THE PETITIONER AND RESPONDENT NO.2 ON THE FILE OF FAMILY COURT, CHAVARA.

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