Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 22ND DAY OF FEBRUARY 2024 / 3RD PHALGUNA, CRL.MC NO. 736 OF 2024 CRIME NO.306/2005 OF Konni Police Station, Pathanamthitta AGAINST THE ORDER/JUDGMENT LP 59/2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA PETITIONER/S: PRAKASH AGED 59 YEARS S/O. APPUKUTTAN, RESIDING AT MELETHIL VEEDU, MANGARAM MURI, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT, PIN - 689698 BY ADVS. T.MADHU C.R.SARADAMANI RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KONNI POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689691 3 BHARATHI AGED 71 YEARS W/O. RAJAN, RESIDING AT MELETHIL VEEDU, MANGARAM MURI, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT, PIN - 689698 BY ADV ROY THOMAS (PATHANAMTHITTA) OTHER PRESENT: ADV K P HARISG SR GP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 22nd day of February, 2024 Petitioner is the accused in Crime No.306 of 2005 registered at the Konni Police Station for offences punishable under Sections 451, 341, 323 and 427 of IPC. The de facto complainant is arrayed as the third respondent. Annexure A3 affidavit has been filed by the third respondent stating that the dispute, which had compelled her to file the complaint, leading to registration of the crime, has been settled amicably and she has no subsisting grievance against the petitioner. It is submitted that pursuant to this Court's direction, the petitioner surrendered before the trial court, was granted bail and the case numbered as CC No.363 of 2005.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that no antecedents are reported against the petitioner.
3. Having considered the gravity of the
offences alleged, nature of the injury caused and having perused the affidavit, the contents of which are vouched to be true and voluntary by the learned Counsel for the third respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure A2 final report and all further proceedings in CC No.363 of 2005 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta, are quashed. Sd/- V.G.ARUN JUDGE Scl/ APPENDIX OF CRL.MC 736/2024 PETITIONER ANNEXURES Annexure-A1 THE CERTIFIED COPY OF THE FIR DATED POLICE STATION, PATHANAMTHITTA DISTRICT Annexure-A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED NIL IN CRIME NO.306/2005 OF KONNI POLICE STATION, PATHANAMTHITTA DISTRICT Annexure-A3 THE AFFIDAVIT DATED 18/1/2024 SWORN IN BY THE THIRD RESPONDENT