Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945 CRL.MC NO. 10242 OF 2023 CRIME NO.1823/2018 OF Kadakkavoor Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.946 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA PETITIONER/S: ARUN AGED 39 YEARS S/O.KUNJACHAN, KUTTIYIL HOUSE, PUTHANKOTTAKKAKAM, CHENNITHALA P.O, MAVELIKKARA, ALAPPUZHA DISTRICT., PIN - 689622 BY ADVS. C.P.SAJI P.ANIYAN PRIYA NAIR AHALYA PRAKASH K.V. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 2 RAJI AGED 32 YEARS RESIDING AT K.R.NIVAS, CHOKKALAVILAKAM, KADAKKAVOOR, THIRUVANANTHAPURAM DISTRICT, PIN - 695306 OTHER PRESENT: PP-SRI.PRASANTH M.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
SOPHY THOMAS, J.
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ORDER
Dated this the 06th day of March, 2024 This Crl.M.C. under Section 482 of Cr.P.C. is filed by the sole accused in Crime No. 1823 of 2018 of Kadakkavoor police station, Thiruvananthapuram, registered under Section 498A, of IPC for quashing Annexure-A2 final report in C.C. No. 946 of 2019 on the file of Judicial First Class Magistrate Court-I,
2. The prosecution allegation is that, the petitioner who is the husband of the de facto complainant subjected her to matrimonial cruelties.
3. When the matter is taken up for consideration, learned counsel for the petitioner would submit that the matter stands ..3..
settled, and he produced Annexure-A3 affidavit of the 2nd respondent, endorsing the factum of settlement, and further stating that, she has no intention to continue with the prosecution. She has no objection in quashing the proceedings in C.C. No. 946 of 2019 on the file of Judicial First Class Magistrate Court-I,
4. Learned Public Prosecutor, on instructions, submitted that
the matter has been settled, and he produced signed statement of the 2nd respondent, to the effect that, as the matter is settled, she has no objection in quashing the proceedings in C.C. No. 946 of 2019 on the file of Judicial First Class Magistrate Court-I,
5. Since the matter stands settled, no purpose would be
served by continuing the proceedings against the petitioner. 6.In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the ..4..
proceedings against the petitioner can be quashed on the basis of settlement. Moreover, the dispute is purely personal in nature, and no public interest is involved in it. In the result, this Crl.M.C. is allowed and Annexure A2 final report in C.C. No. 946 of 2019 on the file of Judicial First Class Magistrate Court-I, Varkala stands quashed. Sd/- SOPHY THOMAS JUDGE
RMV ..5.. APPENDIX OF CRL.MC 10242/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1823/2018 OF KADAKKAVOOR POLICE STATION Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 VARKKALA Annexure A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE