Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, CRL.MC NO. 762 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN CC NO.571 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III (FOREST OFFENCES), NEDUMANGAD PETITIONER/ACCUSED 1 TO 3: 1 HEMU AGED 30 YEARS S/O MURUKAN PILLAI, AMARAVATHI, CHEMPANKODE, 2 KRISHNA VENI AGED 56 YEARS,W/O MURUKAN PILLAI, AMARAVATHI, CHEMPANKODE, KOTHAKULANGARA, ILAVATTOM.P.O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695562 3 HONEY MOL AGED 31 YEARS D/O MURUKAN PILLAI, AMARAVATHI, CHEMPANKODE, BY ADV A.S.SHAMMY RAJ RESPONDENT/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT.P.O., ERNAKULAM, PIN - 682031 2 ATHIRA.A.T. AGED 26 YEARS D/O THULASEEDHARAN PILLAI, ASHMAI, POONKAVANAM, CHULLIMANOOR.P.O., NEDUMANGAD, THIRUVANANTHAPURAM,, PIN - 695541 PP-SRI.PRASANTH M.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2.. SOPHY THOMAS, J ========================= ========================== Dated this the 29th day of February, 2024
ORDER
This Crl.M.C. under Section 482 of Cr PC is filed by accused nos.1 to 3 in Crime No.657/2022 of Palode Police Station, Thiruvananthapuram, registered under Sections 498A and 34 of IPC, to quash Annexure-A1 final report in CC No.571/2022 on the file of Judicial Magistrate of First Class- III(Forest Offences), Nedumangad.
2. The prosecution allegation is that, the petitioners,
who are the husband and in-laws of the 2 nd respondent/de- facto complainant, subjected her to matrimonial cruelties, and misappropriated her gold ornaments and money.
3. When the matter is taken up for consideration,
learned counsel for the petitioners would submit that, the matter has been amicably settled and he produced Annexure- A3, affidavit filed by the 2nd respondent/de-facto complainant, stating that the entire dispute has been settled, and she is not intending to prosecute this matter any further. ..3..
4. Learned Public Prosecutor obtained instructions
regarding the settlement, and he produced signed statement of the de-facto complainant, in which she has stated that, she has no objection in quashing Annexure-A1 final report and the proceedings pursuant thereto. As the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioners.
5. In the light of the principles laid down by the
Hon’ble Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement. In the result, this Criminal Miscellaneous Case is allowed, and Annexure-A1 final report in CC No.571/2022 on the file of Judicial Magistrate of First Class-III(Forest Offences), Nedumangad, stands quashed. Sd/- SOPHY THOMAS JUDGE ACR ..4.. APPENDIX OF CRL.MC 762/2024 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO.571/2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (F.O.), NEDUMANGAD WHICH ARISES FROM CRIME NO.657/2022 OF PALODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 1.9.2022 Annexure A2 TRUE COPY OF THE COMPROMISE PETITION FILED BEFORE THE FAMILY COURT, NEDUMANGAD IN O.P. NO.946/2022 Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT DATED 5.4.2023