IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3172 of 2009()
1. MRS.JAYALAKSHMI, AGED 40 YEARS,
... Petitioner
Vs
1. T.V.LATHA, W/O.RAJENDRAN,
... Respondent
2. STATE OF KERALA, REP.BY ITS PUBLIC
3. S.H.O.PAYYANNUR POLICE STATION
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 3172 OF 2009
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Dated this the day of October,2009
ORDER
Petitioner is the accused and first respondent the
de facto complainant in Crime No.307/2009 of Payyannur
Police Station registered for the offence under
sections 454 and 380 of Indian Penal Code. This
petition is filed under section 482 of Code of Criminal
Procedure to quash the proceedings contending that
entire disputes with the first respondent de facto
complainant were settled amicably and in such
circumstance it is not in the interest of justice to
continue the prosecution.
2. First respondent appeared through a counsel
and filed an affidavit stating that entire disputes is
settled and the case happened to be registered based
on a misunderstanding and the suspected stolen
ornaments and the mobile phones were later recovered
from the house itself and in such circumstance, she is
not willing to proceed against the petitioner, who is
the sister of her husband.
3. Learned counsel appearing for the petitioner,
Crl.M.C.3172/2009 2
first respondent and learned Public Prosecutor were heard.
4. Annexure A1 F.I.R was registered based on Annexure
A2 First Information Statement of the first respondent
alleging that her gold ornaments and mobile phones were
stolen. The affidavit filed by the first respondent
establish that the alleged ornaments were recovered from
the house, where the petitioner and the first respondent
live together. The affidavit also establish that there was
an amicable settlement of all the disputes between them.
In such circumstance, it is not in the interest of justice
to continue with the prosecution.
Petition is allowed. Crime No.307/2009 on the file of
Payyanur Police Station is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006