Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945 CRL.MC NO. 7850 OF 2023 CRIME NO.336/2020 OF THODUPUZHA POLICE STATION, IDUKKI IN CC 487/2020 OF CHIEF JUDICIAL MAGISTRATE COURT ,THODUPUZHA PETITIONERS/ACCUSED: 1 JINIT K.JOY AGED 37 YEARS, S/O LATE JOY, KALLOOPARA VILLAGE,MALLAPILLY TALUK, THURUTHIKADU P.O, 2 JAYAMOL JOY AGED 64 YEARS, W/O LATE JOY, KALLOOPARA VILLAGE, MALLAPILLY TALUK, THURUTHIKADU P.O, K.R.PRATHISH P.K.SREEVALSAKRISHNAN S.UNNIKRISHNAN (NELLAD) JOEL CHALAMANA KRISHNA DAS RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 ANJU MATHEW AGED 30 YEARS, D/O P.M MATHEW, POTHOOR HOUSE, THEKKUMBHAGAM KARA, KARIKODE VILLAGE, THEKKUMBHAGAM P.O, THODUPUZHA THALUK, IDDUKKI DISTRICT, PIN - 685 585. NOUSHAD K.A. (SR PP) BIJU P.SEBASTIAN (FOR R2) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 7850 OF 2023 2
ORDER
Petitioners are the accused in Crime No.336/2020 of Thodupuzha Police Station, Idukki district, which is now pending as C.C.No.487/2020 on the file of the Chief Judicial Magistrate Court, Thodupuzha, alleging commission of offences punishable under Sections 498A, 323, 506(1) and 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 2nd respondent (the de facto complainant) have been settled. Learned counsel appearing for the petitioners also refers to Annexure-A3 affidavit executed by the 2nd respondent to establish that the entire issues between the petitioners and the 2nd respondent have been settled and the 2 nd respondent does not intend to continue with the proceedings against the petitioners.
3. Learned Senior Public Prosecutor and the learned
counsel appearing for the 2nd respondent confirm that the entire disputes between the petitioners and the 2nd respondent have been settled and that the 2nd respondent does not wish to continue with the proceedings against the petitioners.
4. Having heard the learned counsel appearing for the CRL.MC NO. 7850 OF 2023 3
petitioners, learned Senior Public Prosecutor and the learned counsel appearing for the 2nd 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.487/2020 on the file of the Chief Judicial Magistrate Court, Thodupuzha (arising out of Crime No.336/2020 of Thodupuzha Police Station, Idukki district) will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE
ats CRL.MC NO. 7850 OF 2023 4 APPENDIX OF CRL.MC 7850/2023 PETITIONERS’ ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR AND F.I.S IN CRIME NO.336 OF 2020 OF THODUPUZHA POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 487 OF 2020 OF CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA Annexure A3 ORIGINAL AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT DATED 20.09.2023