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Showing contexts for: ATTINGAL in Sri. Bijukrishnan vs The State Of Kerala on 10 October, 2014Matching Fragments
The above captioned Criminal Miscellaneous Case (Crl.M.C), invoking the powers conferred on this Court under Section 482 Cr.P.C, has been filed with the prayer to quash the impugned Annexure-1 Final Report in Crime No.118/2011 of Attingal Police Station which has led to the institution of C.C.No.298/2011 on the file of the Judicial First Class Magistrate Court-I, Attingal and all further proceedings arising therefrom. Petitioners are the accused Nos.1 to 4 in the aforementioned Annexure-1 Final Report/Charge Sheet in the aforementioned Crime which has led to the pendency of C.C.No.298/2011 on the file of the Judicial First Class Magistrate Court-I, Attingal for offences punishable under Sections 498A, 506(ii) & 34 IPC. The 2nd respondent is the wife of the 1st petitioner and she filed the private criminal complaint before the above said Magistrate Court against the petitioners herein for the above said offences which was forwarded for investigation under Section 156(3) Cr.P.C which ::2::
Crl.M.C.No.6098 Of 2014 led to the registration of the instant crime. After investigation police submitted impugned Annexure-1 Final Report/Charge Sheet in the above said crime which led to institution of C.C.No.298/2011 on the file of the Judicial First Class Magistrate Court-I, Attingal. The 2nd respondent has filed O.P.No.264/2012 before the Family Court, Nedumangad for realisation of money and recovery of the gold ornaments. Thereafter she filed O.P.No.870/2014 before the Family Court Nedumangadfor divorce on the ground of desertion and she got a decree of divorce. Later, the relatives and friends of he petitioners and 2nd respondent had intervened in the matter and all the above cases are amicably settled between the petitioners and the 2nd respondent which led to filing of Annexure-2 compromise petition dated 10.10.2014 in O.P.No.264/2012 before the Family Court, Nedumangad. It is stated that as per the terms and conditions in the compromise petition all transaction have been settled between the parties and as per the terms, the 1st petitioner has withdrawn the amount from his joint account at the Chembooru Service Co- operative Bank and had given to the 2nd respondent as ::3::
Crl.M.C.No.6098 Of 2014 petitioners and that she has no objection in termination of the impugned criminal proceedings which led to C.C.No.298/2011 on the file of the Judicial First Class Magistrate Court-I, Attingal. It is specifically agreed to in clause '4' of Annexure-2 compromise petition dated 10.10.2014 filed before the Family Court, Nedumangad that the 2nd respondent herein agrees the termination of the impugned criminal proceedings which led to the registration of the offence under Section 498A before the Judicial First Class Magistrate Court-I, Attingal in respect of all the accused therein. It is further specifically undertaken by the 2nd respondent in paragraph '1' of the affidavit dated 15.10.2014 that she does not have any complaint against the 1st petitioner, his parents and his sister. The 1st petitioner, his parents and his sister are the accused in the above said impugned criminal proceedings. It is in the background of these facts and circumstances, this Crl.M.C has been filed.
In the result, Crl.M.C is allowed and the impugned ::11::
Crl.M.C.No.6098 Of 2014 Annexure-1 Final Report/Charge Sheet in Crime No.118/2011 of Attingal Police Station against all the accused persons therein which led to the institution of C.C.No.298/2011 on the file of the Judicial First Class Magistrate Court-I, Attingal and all further proceedings arising therefrom stand quashed. Petitioners shall produce certified copies of this order before the Magistrate Court concerned as well as before the Station House Officer concerned.