Sethumadhavan Vs. State of Kerala

Sethumadhavan vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 21, 2013

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https://sooperkanoon.com/case/1014221

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Citation: sooperkanoon.com/1014221
Court: Kerala High Court
Judge: Honourable Mr.Justice T.R.Ramachandran Nair
Decided On: Jan 21, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sethumadhavan

Respondent

State of Kerala

Excerpt

.....12 01/2011 in crl.mc.no.39/2011 passed by this hon'ble court. respondent's annexures:- nil. //true copy// p.a. to judge rs. t.r. ramachandran nair, j.~~~~~~~~~~~~~~~~~~~~~~~~~~~ criminal m.c.no.299/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ dated this the 21st day of january, 2013 order the first petitioner is an accused in crime no.67/2007 of kongad police station, palakkad district which has been later charge sheeted and taken as c.c.no.891/2010 on the file of the judicial first class magistrate court-ii, palakkad. the second petitioner herein is the de facto complainant. the offence alleged is under section 498a of the indian penal code.2. it is submitted that due to intervention of well wishers, disputes have been settled and a deed of compromise has also been executed, a copy of which has been produced as annexure-b. the parties have decided to separate. the second petitioner is not interested in proceeding with the criminal case. it is seen from the compromise petition that all the disputes have been settled between the parties and the second petitioner has no further grievance in the matter.3. heard learned public prosecutor also.4. in the light of the settlement between the parties, there will not be any useful purpose in proceeding with the criminal case. quashing of the proceedings will be justified in the light of the principles stated by the apex court in gian singh v. state of punjab [2012 (4) klt 10.(sc)]. crl.m.c no.299/2013 -:2:- accordingly, proceedings in c.c.no.891/2010 on the file of the judicial first class magistrate court-ii, palakkad will stand quashed. the criminal miscellaneous case is allowed as above. sd/- (t.r. ramachandran nair, judge.) ms

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Crl.MC.No. 299 of 2013 () ------------------------- CC.891/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PALAKKAD. CRIME NO. 67/2007 OF KONGAD POLICE STATION , PALAKKAD DISTRICT. .............. PETITIONERS/ACCUSED & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------ 1. SETHUMADHAVAN, AGED 5 YEARS, S/O.RAMAN NAIR, PAROKKAD HOUSE, S.N. WARRIAM, KOOTTUPATHA, MUNDOOR, PALAKKAD DISTRICT, NOW RESIDING AT PAROKKAD HOUSE, THIRUVALI P.O., MANJERI, MALAPPURAM DISTRICT.

2. BHUVANA @ BHUVANESWARI, AGED 4 YEARS, W/O.SETHAMADHAVAN, G.K. COMPLEX, MUNDEKKOD, MUNDOOR, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 299 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A COPY OF THE FINAL REPORT INCLUDING THE LIST OF WITNESSES IN C.C. NO. 891/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PALAKKAD. ANNEXURE B COPY OF THE COMPROMISE DEED DATED 18 12/2012 EXECUTED BY THE PETITIONERS BEFORE A NOTARY PUBLIC. ANNEXURE C COPY OF THE ORDER DATED 12 01/2011 IN CRL.MC.NO.39/2011 PASSED BY THIS HON'BLE COURT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~ Criminal M.C.No.299/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2013 ORDER

The first petitioner is an accused in Crime No.67/2007 of Kongad Police Station, Palakkad District which has been later charge sheeted and taken as C.C.No.891/2010 on the file of the Judicial First Class Magistrate Court-II, Palakkad. The second petitioner herein is the de facto complainant. The offence alleged is under Section 498A of the Indian Penal Code.

2. It is submitted that due to intervention of well wishers, disputes have been settled and a deed of compromise has also been executed, a copy of which has been produced as Annexure-B. The parties have decided to separate. The second petitioner is not interested in proceeding with the criminal case. It is seen from the compromise petition that all the disputes have been settled between the parties and the second petitioner has no further grievance in the matter.

3. Heard learned Public Prosecutor also.

4. In the light of the settlement between the parties, there will not be any useful purpose in proceeding with the criminal case. Quashing of the proceedings will be justified in the light of the principles stated by the Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 10.(SC)]. Crl.M.C No.299/2013 -:2:- Accordingly, proceedings in C.C.No.891/2010 on the file of the Judicial First Class Magistrate Court-II, Palakkad will stand quashed. The criminal miscellaneous case is allowed as above. Sd/- (T.R. Ramachandran Nair, Judge.) ms

Same Court & Year Kerala · 2013 Same Parties Sethumadhavan vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice T.R.Ramachandran Nair