Hermis Morrison vs State of Kerala Represented by the Public Prosecutor

Type Court Judgment Court Kerala Decided Oct 31, 2023

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Citation: sooperkanoon.com/1389727
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Oct 31, 2023
Case Number: Crl.MC/7436/2023

Parties & Advocates

Appellant / Petitioner

Hermis Morrison

Respondent

State of Kerala Represented by the Public Prosecutor

Excerpt

.....of the indian penal code and section 31(1) of the protection of women from domestic violence act, 2005.2. the allegation against the petitioner is that, on 07.12.2022, the petitioners criminally trespassed into the house of the third respondent/defacto complainant and abused her by hurling abusive words.3. the learned counsel appearing for the petitionerswould submit that the entire issues between the petitioners and the defacto complainant have been settled. it is submitted that the complaint was filed on the basis of some misunderstanding. reference is made in this regard to annexure - 2 notarized affidavit executed by the defacto complainant. the defacto complainant is also represented by a counsel.4. heard the learned public prosecutor also. crl.mc no.7436/2023 35. the learned public prosecutor and the learnedcounsel appearing for the defacto complainant would confirm that all issues between the petitioners and the defacto complainant have been settled and they do not wish to continue with the prosecution in any manner.6. having heard the learned counsel for thepetitioners, learned public prosecutor and the learned counsel for the defacto complainant, i am of the view that the proceedings against the petitioners can be terminated in exercise of the jurisdiction vested in this court under section 482 of cr.p.c. no public interest will be served by continuing with the proceedings against the petitioners. the nature of the offences does not compel me to hold that theproceedings cannot be quashed on the ground ofsettlement. keeping the principles laid down by the supreme court 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, i am of the view that considering the nature of the offences alleged against the petitioners, the proceedings can be quashed on the basis of settlement.crl.mc no.7436/2023 4 accordingly, this crl.m.c is allowed and all further proceedings in crime.....

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 CRL.MC NO. 7436 OF 2023 CRIME NO.2015/2022 OF Kundara Police Station, Kollam PETITIONERS/ACCUSED NOS.1 & 2: 1 HERMIS MORRISON AGED 54 YEARS S/O GANSIOUS MORRISON BUNGLAWIL, TEMPLE NAGAR , SAKTHI KULANGARA PO, KOLLAM (DIST)-, PIN - 691582 2 SUMANGALAMMA B AGED 54 YEARS D/O LATE SREEDHARAN PILLAI THALACHIRA VEEDU, KARIMPINPUZHA PO KOLLAM (DIST), PIN - 691507 BY ADV M.RAJESH RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE INSPECTOR OF POLICE KUNDARA POLICE STATION KUNDARA PO, KOLLAM (DIST), PIN - 691501 3 BINDU TM AGED 45 YEARS D/O MARYKUTTY, BINDU BHAVANAM, KOTTARAPPURAM CHERRY, PERAYAM VILLAGE, MULAVANA PO, KOLLAM, PIN - 691503 SRI G. SUDHEER (PUBLIC PROSECUTOR)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO.7436/2023 2

ORDER

Dated this the 31st day of October, 2023 Petitioner is the accused in Crime No.2015 of 2022 of Kundara Police Station, Kollam District, alleging commission of offences punishable under Sections 294(b), 447 and 506 of the Indian Penal Code and Section 31(1) of the Protection of Women from Domestic Violence Act, 2005.

2. The allegation against the petitioner is that, on 07.12.2022, the petitioners criminally trespassed into the house of the third respondent/defacto complainant and abused her by hurling abusive words.

3. The learned counsel appearing for the petitioners

would submit that the entire issues between the petitioners and the defacto complainant have been settled. It is submitted that the complaint was filed on the basis of some misunderstanding. Reference is made in this regard to Annexure - 2 notarized affidavit executed by the defacto complainant. The defacto complainant is also represented by a counsel.

4. Heard the learned Public Prosecutor also. CRL.MC NO.7436/2023 3

5. The learned Public Prosecutor and the learned

counsel appearing for the defacto complainant would confirm that all issues between the petitioners and the defacto complainant have been settled and they do not wish to continue with the prosecution in any manner.

6. Having heard the learned counsel for the

petitioners, learned Public Prosecutor and the learned counsel for the defacto complainant, I am of the view that the proceedings against the petitioners can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioners. The nature of the offences does not compel me to hold that the

proceedings cannot be quashed on the ground of

settlement. Keeping the principles laid down by the Supreme Court 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, I am of the view that considering the nature of the offences alleged against the petitioners, the proceedings can be quashed on the basis of settlement.

CRL.MC NO.7436/2023 4 Accordingly, this Crl.M.C is allowed and all further proceedings in Crime No.2015 of 2022 of Kundara Police Station, Kollam District), will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE csl CRL.MC NO.7436/2023 5 APPENDIX OF CRL.MC 7436/2023 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 2015/2022 OF KUNDARA POLICE STATION Annexure2 AN AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 26.08.2023

Same Court & Year Kerala · 2023 Same Parties Hermis Morrison vs State of Kerala Represented by the Public ... Same Judge Honourable Mr. Justice Gopinath P.