Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942 Crl.MC.No.3114 OF 2020(H) AGAINST THE ORDER/JUDGMENT IN CC 2076/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR CRIME NO.506/2018 OF Nedupuzha Police Station , Thrissur PETITIONER/ACCUSED 1 TO 4: 1 SAVIN, AGED 34 YEARS S/O.SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR 2 GEETHA, AGED 58 YEARS W/O.SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR 3 SUDHAKARAN, AGED 64 YEARS S/O.KRISHNAN, PANATTUVEETTIL HOUSE, ALATHUR 4 LEVIN, AGED 31 YEARS S/O.SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN RESPONDENT/STATE, COMPLAINANT AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2 THE SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THRISSUR-680007. 3 GREESHMA, AGED 31 YEARS D/O.GANGADHARAN, CHETTIKKATTIL HOUSE, KOORKKANCHERRY VILLAGE DESOM, THRISSUR TALUK, PIN- 680007. R3 BY ADV. K.K.RAJEEV THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.08.2020, ALONG WITH Crl.MC.3116/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942 Crl.MC.No.3116 OF 2020(H) CRIME NO.509/2018 OF Nedupuzha Police Station , Thrissur PETITIONER/ACCUSED: SAVIN AGED 34 YEARS S/O. SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN RESPONDENT/STATE, COMPLAINANT AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. 2 THE SUB INSPECTOR OF POLICE NEDUPUZHA POLICE STATION, THRISSUR - 680 007. 3 GREESHMA AGED 31 YEARS D/O. GANGADHARAN, CHETTIKKATTIL HOUSE, KOORKKANCHERRY VILLAGE DESOM, THRISSUR TALUK, PIN - 680 007. R3 BY ADV. K.K.RAJEEV OTHER PRESENT: PP SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.08.2020, ALONG WITH Crl.MC.3114/2020(H), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
[ Crl.MC.3114/2020, Crl.MC.3116/2020 ] Dated this the 12th day of August 2020
Petitioners in Criminal M.C.3114/2020 are the accused in Crime No.506/2018 registered at the Nedupuzha Police Station for offences punishable under Sections 498-A, 406 and 323 of IPC, now pending as C.C.No.2076/2018 on the files of the Judicial First Class Magistrate Court-II, Thrissur. The petitioner in Criminal M.C.No.3116/2020, who is the first petitioner in Criminal M.C.No.3114/2020, is the accused in Crime No.509/2018, registered at the Nedupuzha Police Station, for offences punishable under Sections 406, 420, 465 and 468 of IPC.
2. The de facto complainant in both crimes, is the
wife of the first petitioners in Criminal M.C.No.3114/2020, the other petitoners being her in- laws. The de facto complainant, arrayed as the 3 rd respondent, has filed affidavits (Annexure-II) in both cases, stating that the complaint, leading to registration of the crimes, was submitted by her on a misunderstanding, which has since been cleared and the disputes resolved amicably. It is stated that she has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 3 rd respondent, the
contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. The proceedings in C.C.No.2076/2018 of the Judicial First Class Magistrate Court-II, Thrissur and Annexure-I FIR and the further proceedings in Crime
No.509/2018 of Nedupuzha Police Station are quashed. Sd/- V.G.ARUN SB/13/08/2020 JUDGE APPENDIX OF Crl.MC 3114/2020 PETITIONER'S/S EXHIBITS: ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, THRISSUR TAKEN COGNIZANCE AS C.C.NO.2076/2018.
ANNEXURE II AFFIDAVIT SWORN BY THE 3RD RESPONDENT BEFORE THE NOTARY PUBLIC DATED 18.06.2020. APPENDIX OF Crl.MC 3116/2020 PETITIONER'S/S EXHIBITS: ANNEXURE I CERTIFIED COPY OF THE F.I.R. IN CRIME NO.509/2018 OF NEDUPUZHA POLICE STATION DATED 7.9.2018. ANNEXURE II AFFIDAVIT SWORN BY THE 3RD RESPONDENT BEFORE THE NOTARY PUBLIC DATED 18.06.2020. // true copy // P.A to Judge