Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, CRL.MC NO. 8115 OF 2023 CRIME NO.348/2023 OF Patanakkad Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT DATED IN CC NO.542 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONER/S: SIVAROOP AGED 29 YEARS S/O MOHANDAS, CHIRAYIL HOUSE 4TH WARD KADAKKARAPPALLY PANCHAYATH KADAKKARAPPALLY P.O CHERTHALA , ALAPPUZHA PIN 688529, PIN - 688529 BY ADV C.J.VARGHESE VINU RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA (ON BEHALF OF THE SHO OF POLICE, PATTANAKKAD POLICE STATION ), PIN - 682031 2 AKHILA AUGUSTINE AGED 29 YEARS KALAPURACKKAL HOUSE ANDHAKARANAZHI P.O PATTANAKKAD ALAPPUZHA PIN 688531, PIN - 688531 OTHER PRESENT: SR.GP.PREETHA K.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 29th day of February, 2024 Petitioner is the accused in Crime No.348 of 2023 registered at the Pattanakadu Police Station for offences punishable under Sections 323, 341 and 498A of IPC, now pending as C.C.No.542 of 2023
on the files of the Judicial First Class Magistrate Court-I, Cherthala. The de facto complainant is arrayed as the second respondent.
Annexure-A3 affidavit has been filed by the second respondent stating that the matrimonial 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 and the parties are living together.
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 second respondent, I am satisfied that no public interest is involved in this matter and the matrimonial 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 C.C.No.542 of 2023 on the files of the Judicial First Class Magistrate Court-I,
Cherthala, are quashed. Sd/- V.G.ARUN JUDGE Scl/ APPENDIX OF CRL.MC 8115/2023 PETITIONER ANNEXURES Annexure A 1 ANNEXURE A1 CERTIFIED COPY OF FIR AND FIS IN CRIME 348/2023 OF PATTANAKKAD POLICE STATION Annexure A 2 ANNEXURE A 2 CERTIFIED COPY OF FINAL REPORT IN CC 542/2023 OF JFCM COURT ( 1 ) CHERTHALA Annexure A3 ANNEXURE A 3 AFFIDAVIT SWORN BY SECOND RESPONDENT