Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 CRL.MC NO. 5473 OF 2024 CRIME NO.15/2019 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1004 OF 2019 OF JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM PETITIONERS/ACCUSED:
1 JOHN PETER E.S AGED 36 YEARS S/O PETER, ENPARAYIL HOUSE, VELLOOR P.O, KOTTAYAM, PIN - 686003, PIN - 686003 2 SATYAN AGED 72 YEARS , S/O MARIYA DASAN, ENPARAYIL HOUSE, VELLOOR P.O, 3 AMALA SATYAN AGED 64 YEARS W/O SATYAN, ENPARAYIL HOUSE, VELLOOR P.O, KOTTAYAM, PIN - 686003 BY ADVS. T.B.GAFOOR SAFWAN K. NANDHU K. KISHORE
RESPONDENTS/STATE OF KERALA: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 NEETHU. V.S AGED 30 YEARS W/O JOHN PETER, ENPARAYIL HOUSE, VELLOOR P.O, BY ADV VISMAYA VENUGOPAL OTHER PRESENT: PP M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 5473 OF 2024 2
ORDER
Dated this the 15th day of July, 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.15/2019 of Kottayam West Police Station, now pending as C.C. No.1004/2019 on the files of the Judicial Magistrate of First Class-III, Kottayam. Petitioners herein are the accused in the above case.
2. Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections 294(b),
323, 498(A) read with 34 of the Indian Penal Code is alleged to have been committed by the accused and the defacto complainant is none other than the wife of the 1st accused.
4. An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings. CRL.MC NO. 5473 OF 2024 3
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 settled, there is no reason to
disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed. Annexure A1 Final Report in Crime No.15/2019 of Kottayam West Police Station, now pending as C.C. No.1004/2019 on the files of the Judicial Magistrate of First Class-III, Kottayam, the proceedings thereof stand quashed. Sd/- A. BADHARUDEEN JUDGE mus CRL.MC NO. 5473 OF 2024 4 APPENDIX OF CRL.MC 5473/2024 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED 02.01.2019 AND THE PRIVATE COMPLAINT. ANNEXURE A2 THE BIRTH CERTIFICATE DATED 10.11.2023 OF THE CHILD ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION DATED 26.02.2019 ANNEXURE A4 THE AFFIDAVIT EXECUTED AND SIGNED BY THE DEFACTO COMPLAINANT /2ND RESPONDENT DATED 20.06.2024