Kiran Deepu vs State of Kerala Represented by Public Prosecutor

Type Court Judgment Court Kerala Decided Feb 01, 2024

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Citation: sooperkanoon.com/1313694
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Feb 01, 2024
Case Number: Crl.MC/10026/2023

Parties & Advocates

Appellant / Petitioner

Kiran Deepu

Respondent

State of Kerala Represented by Public Prosecutor

Excerpt

.....of february, 2024 this crl.m.c. under section 482 of cr.p.c. is filed by accused nos. 1 to 3 in crime no. 823 of 2023 of nedumangad police station, thiruvananthapuram, for quashing annexure-a1 fir registered under section 498a of ipc.2. the prosecution allegation is that the petitioners who are the husband and in-laws of the defacto complainant subjected her to matrimonial cruelties demanding more money and gold.3. when the matter is taken up for consideration, learnedcounsel for the petitioners submitted that, the matter stands settled between the petitioners and the de facto complainant. petitioners produced annexure-a2 affidavit of the de facto complainant, stating that, the matter has been settled between ..3.. herself and the petitioners amicably, and no purpose would be served in prosecuting the matter any further. she also intends to withdraw from the prosecution, and she has no objection in quashing the proceedings, against the petitioners.4. in the given facts and circumstances, 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 supremecourt 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 crl.m.c. is allowed, and annexure-a1 fir crime no. 823 of 2023 of nedumangad police station, thiruvananthapuram, stands quashed. sd/- sophy thomas judgermv ..4.. appendix of crl.mc 10026/2023 petitioner annexures annexure a1 a true copy of the fir in crime no. 823/2023 on the file of the nedumangadu police station dated annexure2 original affidavit dated 18.10.2023 executed by defacto complainant/2nd respondent respondents' exhibits:nil true copy p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 CRL.MC NO. 10026 OF 2023 CRIME NO.823/2023 OF Nedumangad Police Station, Thiruvananthapuram PETITIONERS: 1 KIRAN DEEPU AGED 36 YEARS S/O KOMALAN, DEEPU VILASAM HOUSE, AMBALATHUMBHAGAM, PORUVAZHY, KOLLAM, PIN - 690520 2 KOMALAN AGED 70 YEARS 3 LATHA AGED 66 YEARS BY ADVS. M.I.MUHAMMED MUSTHAFA SYAM JESAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 NIMISHA C.AJAYA KUMAR AGED 32 YEARS D/O CINI, RESIDING AT CHAITHANYA NETTA NEDUMANGADU, THIRUVANATHAPURAM DISTRICT, PIN - 695541 OTHER PRESENT: SR.PP-SRI.VIPIN NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..

SOPHY THOMAS, J.

===================== ========================

ORDER

Dated this the 01st day of February, 2024 This Crl.M.C. under Section 482 of Cr.P.C. is filed by accused Nos. 1 to 3 in Crime No. 823 of 2023 of Nedumangad police station, Thiruvananthapuram, for quashing Annexure-A1 FIR registered under Section 498A of IPC.

2. The prosecution allegation is that the petitioners who are the husband and in-laws of the defacto complainant subjected her to matrimonial cruelties demanding more money and gold.

3. When the matter is taken up for consideration, learned

counsel for the petitioners submitted that, the matter stands settled between the petitioners and the de facto complainant. Petitioners produced Annexure-A2 affidavit of the de facto complainant, stating that, the matter has been settled between ..3.. herself and the petitioners amicably, and no purpose would be served in prosecuting the matter any further. She also intends to withdraw from the prosecution, and she has no objection in quashing the proceedings, against the petitioners.

4. In the given facts and circumstances, 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 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 Crl.M.C. is allowed, and Annexure-A1 FIR Crime No. 823 of 2023 of Nedumangad police station, Thiruvananthapuram, stands quashed. Sd/- SOPHY THOMAS JUDGE

RMV ..4.. APPENDIX OF CRL.MC 10026/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 823/2023 ON THE FILE OF THE NEDUMANGADU POLICE STATION DATED Annexure2 ORIGINAL AFFIDAVIT DATED 18.10.2023 EXECUTED BY DEFACTO COMPLAINANT/2ND RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2024 Same Parties Kiran Deepu vs State of Kerala Represented by Public Prosecutor Same Judge Honourable Mrs. Justice Sophy Thomas