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Judgments of Supreme Court of India and High Courts

Prabha Murali vs State Of Kerala on 30 September, 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
CRL.MC NO. 7398 OF 2023
AGAINST THE ORDER/JUDGMENT CC 809/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,PARAPPANANGADI
PETITIONER/ACCUSED NOS.1 AND 2:

1 PRABHA MURALI, AGED 48 YEARS
S/O. PARAMESWARAN, AGED 48 YEARS, THEKKUVEETTIL HOUSE,
EDIMUZHIKKAL THERU, CHELEMBRA P.O., MALAPPURAM
DISTRICT, PIN – 673634
2 KARTHYAYANI, AGED 68 YEARS
W/O. PARAMESWARAN, AGED 68 YEARS, THEKKUVEETTIL HOUSE,
EDIMUZHIKKAL THERU, CHELEMBRA P.O., MALAPPURAM
DISTRICT, PIN – 673634
BY ADV K.RAKESH

RESPONDENT/STATE AND DE FACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN – 682031
2 THE STATION HOUSE OFFICER
THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT, PIN –
673636
3 RANJU K
AGED 36 YEARS
D/O. HARIDASAN, AGED 36 YEARS, MYLANGOTTUPARAMBIL
HOUSE, AIKKARAPADI P.O., MALAPPURAM DISTRICT, PIN –
673637

SRI.NOUSHAD KA ,PP
SRI. K.S. PRAVEEN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7398 OF 2023 2

ORDER

Petitioners are the accused in Crime No.210/2017 of

Thenhipalam police station, Malappuram district, which is now

pending as C.C. No.809/2017 on the file of the Judicial First

Class Magistrate Court, Parappanangadi, alleging commission of

offences punishable under Sections 406 and 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 petitioner and the 3 rd

respondent (the de facto complainant) have been settled.

Learned counsel appearing for the petitioners also refers to

Annexure-B affidavit executed by the 3rd respondent to establish

that the entire issues between the petitioners and the 3 rd

respondent have been settled and the 3 rd respondent does not

intend to continue with the proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 3rd respondent affirms that the entire disputes

between the petitioners and the 3 rd respondent have been settled

and that the 3rd respondent does not wish to continue with the

proceedings against the petitioners.

CRL.MC NO. 7398 OF 2023 3

4. Having heard the learned counsel appearing for the

petitioners, learned 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 petitioner. Therefore, in exercise of the jurisdiction vested in

this Court under Section 482 of the Code of Criminal Procedure,

further proceedings against the petitioner can be quashed on the

ground of settlement.

Accordingly, the Crl.M.C is allowed and all further

proceedings in C.C. No.809/2017 on the file of the Judicial First

Class Magistrate Court, Parappanangadi (arising out of Crime

No.210/2017 of Thenhipalam police station) will stand quashed

as against the petitioners.

Sd/-

GOPINATH P.

JUDGE
ajt
CRL.MC NO. 7398 OF 2023 4

APPENDIX OF CRL.MC 7398/2023

PETITIONER ANNEXURES
Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.210/2017 OF THE THENHIPALAM POLICE STATION
Annexure B AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT
DATED 08-09-2023

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