Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 CRIME NO.112/2017 OF VALANCHERY POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: RADHIKA, AGED 51 YEARS, MENACHERRY HOUSE, AMBAL, VALIYAKNNU P.O, MALAPPURAM DISTRICT, PIN - 676 552. BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAJALAKSHMI R. SARITHA K. RAFEEK. V.K. U.M.HASSAN AATHIRA SUNNY BINCY JOB DEVI.R.SENS SALMAN FARIS RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 THE SUB INSPECTOR OF POLICE, VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT, PIN - 676 552. 3 VIJAYAKUMARI, AGED 49 YEARS, W/O.KUNJAN, ERUVAKUZHIYIL HOUSE, KOTTAPPRAM P.O, VALIYAKUNNU VIA, VALANCHERY, PIN - 676 552. BY ADVS. VIJAYAKUMARI(PARTY-IN-PERSON) R1 & R2 BY SRI VIPIN NARAYAN, (SR. PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petitioner is the accused in Crime No.112 of 2017 of Valancherry Police Station, Malappuram District, alleging commission of offences under Sections 341, 323, 448 and 294(b) read with Section 34 of the Indian Penal Code, which is now pending as C.C.No.666 of 2017 on the file of Judicial First Class Magistrate Court - 1, Tirur. The allegation against the petitioner and other accused is that on 29.03.2017 at about 17.00 hours, they trespassed into the house of the de-facto complainant and the petitioner assaulted the de-facto complaint and intimidated her by using filthy language and thereby they committed the aforesaid offences.
2. The learned counsel appearing for the petitioner would
submit that the entire issues between the petitioner and the 3 rd respondent have been settled. It is submitted that the 3 rd respondent has executed Annexure - 3 affidavit indicating that she does not wish to continue with the prosecution in any manner. It is submitted that no public interest will be served by continuing with the proceedings against the petitioner.
3. The learned Public Prosecutor would submit that all
issues between the petitioner and the 3 rd respondent have been
settled and she does not wish to continue with the proceedings against the petitioner.
4. Having heard the counsel as above, I am of the view
that keeping in mind the principles laid down 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 , the proceedings in Crime No.112 of 2017 of Valancherry Police Station, Malappuram District, which is now pending as C.C.No.666 of 2017 on the file of Judicial First Class Magistrate Court - 1, Tirur, can be terminated on the ground of settlement. No public interest will be served by continuing with the proceedings. The offences are not of a heinous nature that would require this Court to refrain from exercising jurisdiction under Section 482 of the Cr.P.C. Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.666 of 2017 on the file of Judicial First Class Magistrate Court - 1, Tirur, will stand quashed as against the petitioner. Sd/- GOPINATH P. JUDGE DK APPENDIX OF CRL.MC 5772/2023 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FIR NO. 112/2017 OF VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT DATED 01.04.2017 Annexure 2 CERTIFIED COPY OF THE FINAL REPORT AS CC NO. 666/2017 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT -1 TIRUR Annexure3 NOTARIZED COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 06.07.2023