Usha vs State of Kerala

USHA vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 09, 2023

~3 min read

https://sooperkanoon.com/case/1396316

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1396316
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Nov 09, 2023
Case Number: Crl.MC/8284/2023

Parties & Advocates

Appellant / Petitioner

USHA

Respondent

State of Kerala

Excerpt

.....ettumanur, kottayam, pin - 686631 other present: sri g. sudheer (pp) this criminal misc. case having come up for admission on 09.11.2023, the court on the same day passed the following: crl. m.c. no.8284/2023 -2-orderthe petitioner is the de facto complainant in crime no.8/2018 of ettumanoor police station, kottayam district which is now pending as ettumanoor. the 2nd respondent faces prosecution under section 354 a (1) of the indian penal code and section 120 (o) of the kerala police act, in c.c. no.765/2018.2. when the matter is taken up for consideration today it is the submission of the learned counsel for the petitioner / de facto complainant that all issues between the petitioner and the 2nd respondent have been settled.3. heard the learned public prosecutor and learned counsel for the 2nd respondent.4. having regard to the facts and circumstances of the case andconsidering the fact that all issues between the petitioner and the 2 nd respondent have been settled and also considering annexure-2 affidavit of the petitioner / de facto complainant, i am of the view that this is fit case where, the jurisdiction of this court under section 482 of cr.p.c. can be invoked and the proceedings against the accused / 2 nd respondent can be quashed on the ground of settlement. keeping in mind the law laid down by the supreme court in gian singh v. state of punjab; (2012) 10 scc 303 and state of m.p. v. laxmi narayan; (2019) 5 scc 688, i am of the view that thecrl. m.c. no.8284/2023 -3- proceedings against the 2nd respondent / accused can be quashed on the ground of settlement. no public purpose would be served by continuing with the proceedings against the 2nd respondent / accused. the chances of a successful prosecution are remote. in the result, this crl.m.c. is allowed and all further proceedings against the 2nd respondent / accused, inettumanoor will stand quashed. sd/- gopinath p. judge amg crl. m.c. no.8284/2023 -4- appendix of crl.mc 8284/2023 petitioner.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 9TH DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945 CRL.MC NO. 8284 OF 2023 CRIME NO.8/2018 OF Ettumanoor Police Station, Kottayam AGAINST THE ORDER/JUDGMENT CC 765/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR PETITIONER/S: USHA AGED 60 YEARS W/O K.G.RAMAKRISHNAN NAIR, SIVASYLAM HOUSE, PUNNATHURA WEST PO, ETTUMANUR, KOTTAYAM, PIN - 686631 BY ADV LIJU. M.P RESPONDENT/S: 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM., PIN - 682031 2 RATHESH CHANDRAN AGED 36 YEARS S/O C.V.CHANDRAN, CHAMAKKALAYIL HOUSE, KATTODU, PUNNATHURA, ETTUMANUR, KOTTAYAM, PIN - 686631 OTHER PRESENT: SRI G. SUDHEER (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C. No.8284/2023 -2-

ORDER

The petitioner is the de facto complainant in Crime No.8/2018 of Ettumanoor Police Station, Kottayam District which is now pending as Ettumanoor. The 2nd respondent faces prosecution under Section 354 A (1) of the Indian Penal Code and Section 120 (o) of the Kerala Police Act, in C.C. No.765/2018.

2. When the matter is taken up for consideration today it is the submission of the learned counsel for the petitioner / de facto complainant that all issues between the petitioner and the 2nd respondent have been settled.

3. Heard the learned Public Prosecutor and learned counsel for the 2nd respondent.

4. Having regard to the facts and circumstances of the case and

considering the fact that all issues between the petitioner and the 2 nd respondent have been settled and also considering Annexure-2 affidavit of the petitioner / de facto complainant, I am of the view that this is fit case where, the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings against the accused / 2 nd respondent can be quashed on the ground of settlement. Keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the

Crl. M.C. No.8284/2023 -3- proceedings against the 2nd respondent / accused can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the 2nd respondent / accused. The chances of a successful prosecution are remote. In the result, this Crl.M.C. is allowed and all further proceedings against the 2nd respondent / accused, in

Ettumanoor will stand quashed. Sd/- GOPINATH P. JUDGE AMG Crl. M.C. No.8284/2023 -4- APPENDIX OF CRL.MC 8284/2023 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.8/2018 OF ETTUMANOOR POLICE STATION, KOTTAYAM Annexure2 ORIGINAL OF THE AFFIDAVIT DATED 25.09.23 EXECUTED BY THE PETITIONER/ DEFACTO COMPLAINANT

Same Court & Year Kerala · 2023 Same Parties USHA vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.