Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE29H DAY OF OCTOBER20137TH KARTHIKA, 1935 Crl.MC.No. 4719 of 2013 (B) --------------------------------------- [S.C. NO.414/2012 OF THE PRL. SESSIONS COURT, KOTTAYAM, CRIME NO. 475/2012 OF KADUTHURUTHI POLICE STATION , KOTTAYAM DISTRICT] ................. PETITIONER/ACCUSED: ---------------------------------- RAHUL, AGED21YEARS, S/O. LATE GOPAKUMAR, NIRAPPUKALAYIL HOUSE, NEAR RAILWAY GATE ADICHIRA, MUDIYOORKARA KARA, PERUMBAIKKADU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.NIREESH MATHEW. RESPONDENTS/STATE, DEFACTO COMPLAINANT (CW-1), VICTIM (CW-2) AND MOTHER OF THE VICTIM (CW-3): -------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. MURUKAN, AGED43YEARS, S/O. PONNAYYAN, ENACHIRA HOUSE, PARAMBRAM KARA - 686 613, MUTTACHIRA VILLAGE, KOTTAYAM DISTRICT.
3. DIVYA, AGED18YEARS, D/O. MURUKAN, ENACHIRA HOUSE, PARAMBRAM KARA - 686 613, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT.
4. CHANDRIKA, AGED43YEARS, W/O. MURUKAN, ENACHIRA HOUSE, PARAMBRAM KARA - 686 613, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN, R2 TO R4 BY ADV. SRI.N.P.PRAJEESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2910-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.4719/2013-B: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A: COPY OF THE FINAL REPORT IN CRIME NO.475/2012 OF KADUTHURUTHY POLICE STATION. ANNEXURE-B: ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE FATHER OF THE VICTIM, SRI. MURUKAN, THE2D RESPONDENT HEREIN, DTD. 19/10/2013. ANNEXURE-C: ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE VICTIM, DIVYA, THE3D RESPONDENT HEREIN, DTD. 19/10/2013. ANNEXURE-D: ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE MOTHER OF THE VICTIM, SMT. CHANDRIKA, THE4H RESPONDENT HEREIN, DTD. 19/10/2013. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 4719 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2013 ORDER
This is a petition filed under Section 482 of Cr.P.C. seeking to have all further proceedings in S.C. No. 414 of 2012 pending before the Principal Sessions Court, Kottayam quashed.
2. It is unnecessary to go into the facts and details of the case for the simple reason that the petitioner has chosen to implead the respondents 2, 3 and 4 among whom respondents 2 and 4 are the parents of the 3rd respondent who is the victim. The three respondents made mention of above are represented by a counsel who accepts that parties have settled the differences and issues between them and the affidavits filed in support of the petition are sworn to by the respective parties.
3. On going through the contents of the affidavit, it is seen that the parties have amicably settled the matter and Crl.M.C. No. 4719 of 2013 -2- there is a proposal for the victim that the victim to be married by the petitioner. It is pointed out that neither the victim nor the parents is interested in prosecuting the matter further and they want to give a quietus to the issue.
4. In the light of the settlement arrived at between the parties and in the light of the fact that defacto complainant and the victim do not wish to proceed with the matter, it is felt that the continuance of proceedings will be only a exercise in futility. In the result, this petition is allowed. All further proceedings in S.C. No. 414 of 2012 pending before the Principal Sessions Court, Kottayam including the final report which arose out of Crime No. 475 of 2012 of Kaduthuruthy Police Station shall stand quashed and the petitioner shall stand discharged. P.BHAVADASAN JUDGE ds