Pramod Kumar D N vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 08, 2024

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https://sooperkanoon.com/case/1327497

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Citation: sooperkanoon.com/1327497
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Aug 08, 2024
Case Number: Crl.MC/5200/2024

Parties & Advocates

Appellant / Petitioner

Pramod Kumar D N

Respondent

State of Kerala

Excerpt

.....case has been filed under section 482 of the code of criminal procedure, 1973, to quash annexure a1 fir in crime no.93/2024 of thrissur railway police station and all further proceedings thereunder. the petitioner herein is the accused in the above case.2. heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned public prosecutor.3. in this matter, offence punishable under section 354 of the indian penal code, is alleged to have been committed by the accused.4. it is submitted that the matter has been amicablysettled and the de facto complainant filed affidavit in this regard. the de facto complainant stated in the affidavit that she has no intention to proceed further in this matter.5. the learned public prosecutor also submitted that the crl.mc no. 5200 of 2024 3 matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.6. since the matter has been amicably settled between theparties, there is no reason to disallow the prayer for quashment so as to facilitate peaceful living of the parties hereinafter. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this criminal miscellaneous case stands allowed. annexure a1 fir in crime no.93/2024 of thrissur railway police station and all further proceedings thereunder, against the petitioner herein, stand quashed. sd/- a. badharudeen judge bb crl.mc no. 5200 of 2024 4 appendix of crl.mc 5200/2024 petitioner's annexures annexure a1 certified copy of the fir in crimeno.93/2024 of thrissur railway police station on the files of the hon'ble judicial first class magistrate court- iii, thrissur annexure a2 a certified copy of the crime no.79/2024 of railway police ernakulam annexure a3 an affidavit sworn in by the 2nd respondent respondents' annexures : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 8TH DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 CRL.MC NO. 5200 OF 2024 CRIME NO.93/2024 OF RAILWAY POLICE STATION, Thrissur PETITIONER/ACCUSED: PRAMOD KUMAR D N AGED 51 YEARS S/O.K NARAYANA PILLAI, SUDARSANAM, THEMBAMUTTOM, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695501 BY ADVS. AADIL NAZARUDEEN SIMI S.ALI RESPONDENTS/STATE, DE FACTO COMPLAINANT & I.O:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 AKHILA S., AGED 23 YEARS D/O.SURESH KUMAR, PUTHUSSERY HOUSE, VADACKAL P.O., ALAPPUZHA, PIN - 688003 3 SUB INSPECTOR OF POLICE RAILWAY POLICE STATION, THRISSUR, PIN - 680021 R1 & R3 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE R2 BY ADV.SUBIN CHACKO MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON 8.8.2024 PASSED THE FOLLOWING: CRL.MC NO. 5200 OF 2024 2

ORDER

Dated this the 8th day of August, 2024 This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR in Crime No.93/2024 of Thrissur Railway police station and all further proceedings thereunder. The petitioner herein is the accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offence punishable under Section 354 of the Indian Penal Code, is alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably

settled and the de facto complainant filed affidavit in this regard. The de facto complainant stated in the affidavit that she has no intention to proceed further in this matter.

5. The learned Public Prosecutor also submitted that the CRL.MC NO. 5200 OF 2024 3 matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6. Since the matter has been amicably settled between the

parties, there is no reason to disallow the prayer for quashment so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this Criminal Miscellaneous Case stands allowed. Annexure A1 FIR in Crime No.93/2024 of Thrissur Railway police station and all further proceedings thereunder, against the petitioner herein, stand quashed. Sd/- A. BADHARUDEEN JUDGE Bb CRL.MC NO. 5200 OF 2024 4 APPENDIX OF CRL.MC 5200/2024 PETITIONER'S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME

NO.93/2024 OF THRISSUR RAILWAY POLICE STATION ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- III, THRISSUR ANNEXURE A2 A CERTIFIED COPY OF THE CRIME NO.79/2024 OF RAILWAY POLICE ERNAKULAM ANNEXURE A3 AN AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT RESPONDENTS' ANNEXURES : NIL

Same Court & Year Kerala · 2024 Same Parties Pramod Kumar D N vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen