Kerala High Court
K.Bijesh Babu vs Unknown on 15 June, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 27TH DAY OF AUGUST 2012/5TH BHADRA 1934
Crl.MC.No. 2884 of 2012 ()
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CC.1308/2010 of JFCM COURT,MALAPPURAM
PETITIONER(S)/ACCUSED 1-6:
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1. K.BIJESH BABU, AGED 32 YEARS
S/O.MADHAVAN, RESIDING AT KALAPPILAKKAL HOUSE
P.O.KARIPUR AIRPORT, KONDOTTY, MALAPPURAM DISTRICT.
2. KALAVILAKKAL MADHAVAN, AGED 61 YEARS
S/O.RAVUNNI, RESIDING AT KALAPPILAKKAL HOUSE
P.O.KARIPUR AIRPORT, KONDOTTY, MALAPPURAM DISTRICT.
3. SARADA, AGED 53 YEARS
W/O.MADHAVAN, RESIDING AT KALAPPILAKKAL HOUSE
P.O.KARIPUR AIRPORT, KONDOTTY, MALAPPURAM DISTRICT.
4. PRADEESH, AGED 23 YEARS
S/O.MADHAVAN, RESIDING AT KALAPPILAKKAL HOUSE
P.O.KARIPUR AIRPORT, KONDOTTY, MALAPPURAM DISTRICT.
5. SUNDARAN
S/O.VELAYUDHAN, RESIDING AT AMBALAKULANGARA HOUSE
K.PURAM, VATTATHANI, MALAPPURAM DISTRICT.
6. JISHA, AGED 32 YEARS
W/O.SUNDARAN, RESIDING AT AMBALAKULANGARA HOUSE
K.PURAM, VATTATHANI, MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS
COMPLAINANT(S)/COMPLAINANT/STATE:
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1. STATE OF KERALA
REPRESENTED BY THE SI OF POLICE
KONDOTTY THROUGH THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
2. MUTHAT NISHI, AGED 23 YEARS
D/O.GOPALAN
RESIDING AT MUTHATTU PUTHAN PURAKKAL HOUSE
CHERIPARAMBU, CHATHANGOTTUPURAM P.O., WANDOOR
MALAPPURAM DISTRICT.
BY ADV. SRI.PRINSUN PHILIP
BY PUBLIC PROSECUTOR SRI. ROY THOMAS.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL. M.C. NO. 2884/2012
APPENDIX
ANNEXURE A : CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
134/2010 OF KONDOTTY POLICE STATION.
ANNEXURE B : TRUE COPY OF THE AGREEMENT DATED 15.06.2012
EXECUTED BETWEENT HE FIRST PETITIONER AND SECOND
RESPONDENT.
ANNEXURE C : ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE SECOND
RESPONDENT DATED 14.05.2012.
ANNEXURE D : TRUE COPY OF THE JOINT STATEMENT FILED BY THE FIRST
PETITIONER AND SECOND RESPONDENT BEFORE THE FAMILY
COURT, MALAPPURAM IN MC NO. 1031 OF 2010.
ANNEXURE E : TRUE COPY OF THE JOINT STATEMENT FILED BY THE FIRST
PETITIONER AND SECOND RESPONDENT BEFORE THE FAMILY
COURT, MALAPPURAM IN OP NO. 1056 OF 2010.
ANNEXURE F : TRUE COPY OF THE JOINT STATEMENT FILED BY THE FIRST
PETITIONER AND SECOND RESPONDENT BEFORE THE FAMILY
COURT, MALAPPURAM IN O.P. NO. 774 OF 2011.
/TRUE COPY/
P.A. TO JUDGE.
V.CHITAMBARESH, J.
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Crl.M.C.No. 2884 of 2012
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Dated this the 27th day of August, 2012
O R D E R
Heard the counsel for the petitioners and the contesting second respondent as well as the Public Prosecutor.
2. The criminal case stems out of a marital dispute and the parties have since arrived at a settlement as is borne out by the documents produced. It is contended that the allegations pertaining to the complaint arose due to some misunderstanding and misconception of facts between the spouses.
3. I am convinced that there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. This is a fit case where the criminal proceedings can be quashed to secure the ends of justice following Shiji @ Pappu and Others v. Radhika and Another (AIR 2012 SC 499).
4. All further proceedings in C.C.No.1308 of 2010 on the file of the Court of the Judicial First Class Magistrate, Malappuram are hereby quashed.
Crl.M.C. is disposed of.
V.CHITAMBARESH, Judge.
nj.