Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 AGAINST C.C.NO.844/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOTTAYAM IN CRIME NO.2369/2022 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT PETITIONER/ACCUSED: MALLIKA, AGED 38 YEARS, W/O VIGNESH, PILLAYARKOVIL THERUVU, HOUSE NO.16,THENKASI RAILWAY COLONY, THAMIL NADU, PIN - 627 811. BY ADV AJAYA KUMAR. G RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 2 STATION HOUSE OFFICER, KOTTYAM EAST POLICE STATION, KOTTAYAM DISTRICT, PIN - 686 002. 3 LIZZY JACOB, AGED 59 YEARS, W/O K.C. JACOB, KANJIRATHUMOOTIL, KUNNAMPALLY BHAGOM, MOOLAVATTAM , PANACHIKKADU VILLAGE, KOTTAYAM DISTRICT, PIN - 691 503. BY ADV FATHIMA MAJEED SRI. G.SUDHEER -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petitioner is the accused in Crime No.2369 of 2022 of Kottayam
East Police station, Kottayam District, alleging commission of offences under Sections 511 and 393 of the Indian Penal Code. The matter is now pending as C.C.No.844 of 2023 on the file of the Judicial First Class Magistrate Court - I, Kottayam. Though FIR was registered under Sections 511 and 379 of the Indian Penal Code, Section 393 of the Indian Penal Code was substituted in place of Section 379 of the Indian Penal Code. The allegation against the petitioner is that on 06.12.2022 at about 9.45 a.m, the petitioner attempted to commit robbery of Rs.12,000/- from the de-facto complainant, who was the co-passenger in the bus travelling from Samkranthi to Kottayam, by tearing the zip of the inner pouch of her handbag and thereby she committed the offences alleged against her.
2. The learned counsel appearing for the petitioner would
submit that the complaint was filed by the 3 rd respondent / de-facto complainant. It is submitted that no incident of the nature alleged in the complaint had taken place. It is submitted that the issues have been settled between the parties and the 3rd respondent has executed Annexure - A2 affidavit agreeing that all further proceedings in Crime No.2369 of 2022 of Kottayam East Police station, Kottayam District, which is now pending as C.C.No.844 of 2023 on the file of the Judicial First Class Magistrate Court - I, Kottayam can be terminated on the basis of settlement.
3. The learned Public Prosecutor and the learned counsel appearing for the 3rd respondent do not dispute that the matter has been settled between the parties.
4. 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 C.C.No.844 of 2023 on the file of the Judicial First Class Magistrate Court - I, Kottayam can be terminated on the ground of settlement. No public interest will be served by continuing with the proceedings against the petitioner.
Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.844 of 2023 on the file of the Judicial First Class Magistrate Court - I, Kottayam will stand quashed as against the petitioner. Sd/- GOPINATH P. JUDGE DK The lower court case number and Name of the lower court shown
as C.C.844 of 2023 on the file of the Judicial First Class Magistrate Court - I, Kottayam in the paragraph No.1, 2, 4 and last paragraph of the final order dated 13.10.2023 in Crl.M.C 7356/2023 is corrected and substituted as ‘C.C.8 of 2023 of Chief Judicial Magistrate Court, Kottayam’ as per order dated 09.11.2023 in Crl.M.A.No.1 of 2023 in Crl.M.C 7356/2023.
Sd/- DEPUTY REGISTRAR APPENDIX OF CRL.MC 7356/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL REPORT IN IN CRIME NO.2369/2022 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT Annexure 2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 8-9-2023