Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 24TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945 CRL.MC NO. 7463 OF 2023 CRIME NO.409/2022 OF CHITTUR POLICE STATION, PALAKKAD IN CC 438/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHITTUR
PETITIONERS/ACCUSED: 1 JAYESH V AGED 33 YEARS, S/O VELAYUDHAN, 2 VELAYUDHAN AGED 75 YEARS, S/O SUBRAMANYAN, 3 VIJAYALAKSHMI AGED 64 YEARS, W/O VELAYUDHAN, 4 AJITH AGED 36 YEARS, S/O VELAYUDHAN, 5 KRISHNAVENI AGED 34 YEARS, D/O VELAYUDHAN, BY ADVS. M.JAYAKRISHNAN SHAJI MATHEW N.M. REMYA VARMA N.K RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPREPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. CRL.MC NO. 7463 OF 2023 2 2 STATION HOUSE OFFICER CHITTOOR POLICE STATION, CHITTOOR, PALAKKAD, PIN - 678 101. 3 INDUMATHY AGED 24 YEARS, D/O SATHYANARAYANAN, SAI ILLAM, VALAMUTTY THEKKEGRAMAM, CHITTOOR P.O., PALAKKAD, PIN - 678 101.
BY ADVS. SRI VIPIN NARAYAN (SR PP) SRI R.ANOOP SRI VIVEK A.V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 7463 OF 2023 3
ORDER
Petitioners are accused in Crime No.409/2022 of Chittur Police Station, Palakkad district, which is now pending as C.C.No.438/2022 on the file of the Judicial First Class Magistrate Court, Chittur, alleging commission of offences punishable under Section 498A r/w Section 34 of the Indian Penal Code.
2. Learned counsel appearing for the petitioners would
submit that the entire issues between the petitioners and the 3rd respondent (the de facto complainant) have been settled. Learned counsel appearing for the petitioners also refers to Annexure-A3 affidavit executed by the 3rd respondent to establish that the entire issues between the petitioners and the 3rd respondent have been settled and the 3rd respondent does not intend to continue with the proceedings against the petitioners.
3. Learned Senior Public Prosecutor and the learned
counsel appearing for the 3rd respondent confirm that the entire disputes between the petitioners and the 3rd respondent have been settled and that the 3rd respondent does not wish to continue with the proceedings against the petitioners.
4. Having heard the learned counsel appearing for the
CRL.MC NO. 7463 OF 2023 4 petitioners, learned Senior Public Prosecutor and the learned counsel appearing for the 3rd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement. Accordingly, the Crl.M.C is allowed and all further proceedings in C.C.No.438/2022 on the file of the Judicial First Class Magistrate Court, Chittur (arising out of Crime No.409/2022 of Chittur Police Station, Palakkad district) will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE ats CRL.MC NO. 7463 OF 2023 5 APPENDIX OF CRL.MC 7463/2023 PETITIONERS’ ANNEXURES Annexure A1 FINAL REPORT IN CRIME NO. 409/2022 OF CHITTOOR POLICE STATION, PALAKKAD DISTRICT DATED 02.05.2022 Annexure A2 A TRUE COPY OF THE MEDIATION AGREEMENT BETWEEN THE 1ST PETITIONER AND THE 3RD RESPONDENT DATED 08.04.2021 Annexure A3 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 19.04.2023