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Anoop vs State of Kerala

ANOOP vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 22, 2024
~2 min read
https://sooperkanoon.com/case/1314950

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/2341/2024

Parties & Advocates

Appellant / Petitioner

ANOOP

Respondent

State of Kerala

Excerpt

.....petitioner/accused: anoop aged 29 years s/o.appu, ponnamcode veedu, keezhamakkom, poozhikku, chenkal, thiruvananthapuram, pin - 695132 by advs. d.kishore meera gopinath r.muraleekrishnan (malakkara) respondents/state/complainant and de facto complainant:1 state of kerala represented by public prosecutor,high court of kerala, ernakulam, pin - 682031 2 the station house officer parassala police station, thiruvananthapuram, pin - 3 saranya aged 25 years d/o.lelitha, near parakonam sivasakthi temple, chenkal village, parassala, thiruvananthapuram, pin - 695132 r1 & r2 by public prosecutor sri.m.p.prasanth r3 by adv tom e.jacob this criminal misc. case having come up for admission on 22.05.2024, the court on the same day passed the following:orderdated this the 22nd day of may, 2024 this criminal miscellaneous case has been filed under section 482 of the code of criminal procedure, 1973, to quash all further proceedings in annexure i fir in crime no.2177/2023 of parassala police station, thiruvananthapuram.2. heard the learned counsel for the petitioner and the learned public prosecutor.3. in this matter, offences punishable under sections 294(b), 341, 323, 324, 498a and 308 of the ipc, are alleged to have been committed by the accused.4. it is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.5. the learned public prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.6. since the dispute has been settled between theparties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this petition stands allowed and all further proceedings in annexure i fir in crime no.2177/2023 of parassala police.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 CRIME NO.2177/2023 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED: ANOOP AGED 29 YEARS S/O.APPU, PONNAMCODE VEEDU, KEEZHAMAKKOM, POOZHIKKU, CHENKAL, THIRUVANANTHAPURAM, PIN - 695132 BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) RESPONDENTS/STATE/COMPLAINANT AND DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER PARASSALA POLICE STATION, THIRUVANANTHAPURAM, PIN - 3 SARANYA AGED 25 YEARS D/O.LELITHA, NEAR PARAKONAM SIVASAKTHI TEMPLE, CHENKAL VILLAGE, PARASSALA, THIRUVANANTHAPURAM, PIN - 695132 R1 & R2 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH R3 BY ADV TOM E.JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 22nd day of May, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure I FIR in Crime No.2177/2023 of Parassala Police Station, Thiruvananthapuram.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections 294(b), 341, 323, 324, 498A and 308 of the IPC, are alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6. Since the dispute has been settled between the

parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed and all further proceedings in Annexure I FIR in Crime No.2177/2023 of Parassala Police Station, Thiruvananthapuram, stand quashed. Sd/- A. BADHARUDEEN JUDGE Bb APPENDIX OF CRL.MC 2341/2024 PETITIONER’S ANNEXURES

ANNEXURE -I        CERTIFIED COPY OF THE FIR IN CRIME
ANNEXURE -II       TRUE   COPY  OF   THE  AFFIDAVIT   DATED
                   28.2.2024    EXECUTED   BY    THE    3RD

RESPONDENT BEFORE NOTARY PUBLIC RESPONENTS’ ANNEXURES : NIL

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