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2019 Supreme(Ker) 995

ALEXANDER THOMAS
Vinod Thankarajan S/o Thankarajan – Appellant
Versus
State of Kerala Represented By Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Ayyappan Sankar, Sri.Jayan John, Smt.S.Hridya
For the Respondent: Sri.Santhosh Peter, Public Prosecutor

ORDER :

1. The prayer in the above Crl.M.C filed under Sec.482 of the Cr. PC is as follows:-

    “.......to quash Anx.A2 FIR and all further proceedings in crime No.442/2018 dated 30-03-2018 of Vellarada Police Station, Thiruvananthapuram, on the basis of amicable settlement of the dispute emanating from matrimonial discord.”

2. Heard Sri.Ayyappan Sankar, the learned counsel appearing for the petitioners/accused and Sri.Santhosh Peter, learned Public Prosecutor appearing for respondent Nos.1 & 2. Though respondent No.3 (lady defacto complainant) has been duly served by special messenger, there is no appearance for the said party.

3. The petitioners herein are brothers and 1st the petitioner/A1 is the husband of the 3rd respondent (lady defacto complainant). The petitioners have been arrayed as accused in the impugned Anx.A2 crime No.442/2018 of Vellarada Police Station, Thiruvananthapuram, for offences punishable under Secs.323, 354, 377 and 34 of the Indian Penal Code, on the basis of first information statement given by the 3rd respondent (lady defacto complainant) on 30-03-2018 at about 9.00 a.m, in respect of the alleged incidents happened for the period from December 2015 onwards.

4.

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