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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