Manesh vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 07, 2024

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Citation: sooperkanoon.com/1327805
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Aug 07, 2024
Case Number: Crl.MC/5446/2024

Parties & Advocates

Appellant / Petitioner

Manesh

Respondent

State of Kerala

Excerpt

.....pursuant to annexure.a1 final report in crime no.1343/2023 of pathanapuram police station, kollam, now pending as c.c. no.370/2024 on the files of the judicial first class magistrate court, pathanapuram. the petitioner herein is the accused in the above case.2. heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned public prosecutor.3. in this matter, prosecution alleges commission of offences punishable under sections 354 and 354a(1)(ii) of indian penal code.4. it is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard. the defacto complainant stated in her affidavit that she has no intention to proceed further in this matter.5. the learned public prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.6. since the matter has been amicably settledbetween the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this criminal miscellaneous case stands allowed. annexure.a1 final report in crime no.1343/2023 of pathanapuram police station, kollam, now pending as c.c. no.370/2024 on the files of the judicial first class magistrate court, pathanapuram and the proceedings thereof as against the petitioner stand quashed.sd/- a. badharudeen judge skappendix of crl.mc 5446/2024 petitioner annexures : annexure 1 the certified copy of the final report in cc no. 370/2024 on the file of judicial first class magistrate court, pathanapuram is produced herewith as annexure-1 annexure 2 the fis and fir in crime no. 1343/2023 of pathanapuram police station annexure 3 the affidavit signed by the second respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 CRL.MC NO. 5446 OF 2024 CRIME NO.1343/2023 OF PATHANAPURAM POLICE STATION, KOLLAM IN C.C. NO.370 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM PETITIONER/ACCUSED: MANESH AGED 40 YEARS KALLUVILA VEEDU, PALKULANGARA, KALLUMTHAZHAM P.O, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT, PIN - 691004 ANSU VARGHESE J.BAHULEYAN RESPONDENTS/STATE OF KERALA: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SHILPA T AGED 24 YEARS THANKAMANI, KIZHAKKEPUTHUVAL, ACHANKOVIL VEEDU, KUZHIBHAGAM, ACHANKOVIL,ARYANKAVU VILLAGE, ARYANKAVU P.O, KOLLAM DISTRICT, PIN - 691309 K.J.JOSEPH (ERNAKULAM) KRISHNANUNNI G.B. SR PP - RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON 07.08.2024 PASSED THE FOLLOWING:

ORDER

Dated this the 7th day of August, 2024

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A1 Final Report in Crime No.1343/2023 of Pathanapuram Police Station, Kollam, now pending as C.C. No.370/2024 on the files of the Judicial First Class Magistrate Court, Pathanapuram. The petitioner herein is the accused in the above case.

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

3. In this matter, prosecution alleges commission of offences punishable under Sections 354 and 354A(1)(ii) of Indian Penal Code.

4. It is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard. The defacto complainant stated in her affidavit that she has no intention to proceed further in this matter.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto 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 retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this Criminal Miscellaneous Case stands allowed. Annexure.A1 Final Report in Crime No.1343/2023 of Pathanapuram Police Station, Kollam, now pending as C.C. No.370/2024 on the files of the Judicial First Class Magistrate Court, Pathanapuram and the proceedings thereof as against the petitioner stand quashed.

Sd/- A. BADHARUDEEN JUDGE SK

APPENDIX OF CRL.MC 5446/2024 PETITIONER ANNEXURES : Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 370/2024 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAPURAM IS PRODUCED HEREWITH AS ANNEXURE-1 Annexure 2 THE FIS AND FIR IN CRIME NO. 1343/2023 OF PATHANAPURAM POLICE STATION Annexure 3 THE AFFIDAVIT SIGNED BY THE SECOND RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Manesh vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen