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, 1945 CRL.MC NO. 1221 OF 2024 CRIME NO.1343/2022 OF Sooranadu Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.510 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA PETITIONER/S: VINOD AGED 41 YEARS S/O SIVANKUTTY, VRINDAVANAM VEEDU, EDAKKADU MURI, PORUVAZHY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 691552 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR SAILAKSHMI MENON JOTHISHA K.A. SHIFANA M. RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER SOORANADU POLICE STATION, KOLLAM DISTRICT, PIN - 3 PRIYANKA AGED 31 YEARS W/O VINOD, KOTTAYIL VEEDU, KOTTARKAVU, MAVELIKARA, ALAPPUZHA DISTRICT AND NOW RESIDING AT VRINDAVANAM VEEDU, EDAKKADU MURI, PORUVAZHY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN - 691552 BY ADV ANSU VARGHESE
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 sole accused in Crime No.1343 of 2022 registered at the Sooranadu Police Station for offences punishable under Sections 323, 324, 294(b), 354, 354-B and 498A of IPC, now pending as CC No.510 of 2022 on the files of the Judicial First Class Magistrate Court, Sasthamcotta. The de facto complainant is arrayed as the third respondent. Annexure-A2 affidavit has been filed by the third 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.
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-A1 final report and all further proceedings in CC No.510 of 2022 on the files of the Judicial First Class Magistrate Court, Sasthamcotta, are quashed. Sd/- V.G.ARUN JUDGE Scl/ APPENDIX OF CRL.MC 1221/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO.1343/2022 OF SOORANADU POLICE STATION, KOLLAM DISTRICT WHICH IS NOW PENDING AS C.C NO.510/2022 ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, SASTHAMCOTTA Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 02.02.2024 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT