Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE11H DAY OF SEPTEMBER201320TH BHADRA, 1935 Crl.MC.No. 3522 of 2013 () ------------------------------------- AGAINST THE ORDER
IN CP282013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR CRIME NO. 288/2012 OF ALATHUR POLICE STATION , PALAKKAD ---------------------- PETITIONER/ACCUSED: ---------------------------------- SASIKUMAR, AGED31YEARS, S/O. PAZHANIMALA, KALABHAVAN VEEDU, VADAKKETHARA, ERIMAYUR, PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------ 1. ANEESHA, AGED20YEARS, D/O. RAMANKUTTY, THEKKETHARA VEEDU, MELARKODE P.O. ALATHUR, PALAKKAD.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.M.REVIKRISHNAN R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1109-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ Crl.MC.No. 3522 of 2013 () ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A- TRUE COPY OF THE FINAL REPORT IN CRIME NO. 288/2012 OF ALTHUR POLICE STATION, PALAKKAD WHICH IS NOW PENDING AS C.P.NO. 28/2013 ON THE FILED OF THE JUDICIAL FIRST CLASS MAGISTRATE, ALATHUR OF PALAKKAD DISTRICT. ANNEXURE B- TRUE COPY OF AFFIDAVIT SWORN BY THE1T RESPONDENT HEREIN EVIDENCING THE AFORESAID FACT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 3522 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of September, 2013 ORDER
In pursuance to the order dated 29.08.2013, the learned Magistrate concerned has forwarded a report in which he stated that on an enquiry conducted by the learned Magistrate, he is satisfied that the parties have settled their disputes and that the victim who appeared before the learned Magistrate has admitted that the affidavit produced before this Court is sworn to by her and she does not wish to prosecute the matter further.
2. In the light of the report received by this Court from the Judicial First Class Magistrate's Court, Alathur, it is felt that continuance of proceedings will be an exercise in futility. Crl.M.C. No. 3522/2013 -2- In the result, this petition is allowed. All further proceedings in C.P.No. 28/2013 pending before Judicial First Class Magistrate Court, Alathur shall stand quashed including the final report based on which cognizance was taken. The petitioner shall stand discharged. P.BHAVADASAN JUDGE ds Crl.M.C. No. 3522/2013 -3- P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3522 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of August, 2013 ORDER
In the case on hand, an affidavit has been produced which is alleged to have been sworn to by the defacto complainant pointing out that she has no grievance as against the petitioner herein and all disputes between them have been settled . It is further pointed out that she and the members of her family do not wish to proceed with the matter and they want to give a quietus to the same. She prays that the matter may be closed and the proceedings as against the petitioner may be quashed.
2. When the matter came up before this Court on the last occasion, this Court directed the learned Public Prosecutor to ascertain from the Investigating Officer whether the settlement alleged to have been arrived at between the parties is proper and correct. Crl.M.C. No. 3522/2013 -4- 3. Today when the matter was taken up, the learned Public Prosecutor pointed out that as per the instructions received from the Investigating Officer concerned, the petitioner has been absconding ever since, final report has been laid and cognizance of the offence has been taken by the court concerned. Therefore, the Investigating Officer is not in a position to get in touch with the accused.
4. Now, since the matter is before the JFCM Court, Alathur, it is only proper for this Court to direct the said court to conduct an enquiry into the matter with regard to the settlement which is said to have been arrived at between the parties and file a report.
5. Therefore, there will be a direction to JFCM, Alathur to conduct an enquiry regarding the settlement which is said to have been arrived at between the parties in Crime No.288/2012 of Alathur Police Station now pending before the said court as C.P. No. 28/2013. A report may be Crl.M.C. No. 3522/2013 -5- forwarded as expeditiously as possible before this Court on or before 11.09.2013. The Registry will forward a copy of the order to the Magistrate concerned with a copy of the petition and the affidavit which is said to have been filed. P.BHAVADASAN JUDGE ds