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Prajeesh K.K. vs Vismaya on 14 May, 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

Crl.MC.No.2471 OF 2021(H)

AGAINST THE CRIME NO.46/2020 OF WANDOOR POLICE STATION OF
MALAPPURAM DISTRICT AND ALL FURTHER PROCEEDINGS IN CC 234/2020 ON
THE FILE OF JFCM -II, PERINTHALMANNA, MALAPPURAM DISTRICT.

PETITIONER/ACCUSED:

1 PRAJEESH K.K., AGED 28 YEARS,
S/O. SURENDRAN, KALARIKKAL HOUSE, KARAD (P.O.)
MALAPPURAM DISTRICT.

2 SURENDRAN, AGED 54 YEARS, S/O. KRISHNAN,
KALARIKKAL HOUSE, KARAD (P.O.) MALAPPURAM DISTRICT.

3 RADHAMANI, AGED 47 YEARS, W/O. SURENDRAN,
KALARIKKAL HOUSE, KARAD (P.O.) MALAPPURAM DISTRICT.

BY ADV. SRI.K.DILIP

RESPONDENTS/DEFACTO COMPLAINANT AND STATE OF KERALA:

1 VISMAYA, AGED 21 YEARS,
D/O. SANKARAN, THONNATH HOUSE, EDAVANNA (P.O.),
CHALIPPADAM, ERINJIKKODE.
MALAPPURAM DISTRICT, PIN 676 541.

2 THE STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.

R1 BY ADV. SUSAN MATHEW
P.P.SRI.C.S.HRITHWIK

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2471 OF 2021(H)

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P.V.KUNHIKRISHNAN, J.
————————————–
Crl.M.C. No. 2471 of 2021
—————————————
Dated this the 14th day of May, 2021

ORDER

The petitioners are the accused in C.C.No.234 of 2020

on the file of the Judicial First Class Magistrate Court-II,

Perinthalmanna. The above case is registered against the

petitioners alleging offences punishable under Sections

498A, 406 and 323 r/w 34 of the IPC.

2. When this matter came up for consideration, the

learned counsel for the petitioners submitted that the entire

disputes between the petitioners and the 1st respondent are

settled out of court. Annexure-A3 is the signed affidavit

filed by the 1st respondent. A counsel also appeared for the

1st respondent. The counsel submitted that the matter is

settled. The Public Prosecutor also submitted that the

matter is settled. In the light of the above facts, there is no
Crl.MC.No.2471 OF 2021(H)

-3-

purpose in continuing this criminal prosecution against the

petitioners.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavit filed by the respondent No.1 the contents of which

are submitted to be true and voluntary, I am satisfied that

the matter has been amicably settled and that no public

interest is involved in this matter. Moreover, in view of the

settlement arrived at between the parties, there is no

possibility of the criminal proceedings ending in conviction.

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.

Hence, this Crl.M.C. is allowed. All further proceedings
Crl.MC.No.2471 OF 2021(H)

-4-

against the petitioners in C.C.No.234 of 2020 on the file of

the Judicial First Class Magistrate Court-II, Perinthalmanna,

are quashed.

Sd/-

P.V.KUNHIKRISHNAN
JUDGE
akv
Crl.MC.No.2471 OF 2021(H)

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APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 A CERTIFIED COPY OF THE FIR IN CRIME
NO. 46/2020 OF WANDOOR POLICE STATION
DATED 17/02/2020.

ANNEXURE II A CERTIFIED COPY OF THE FINAL REPORT
FILED I C.C. NO. 234/20 ON THE FILE OF
THE JFCM-11 PERINTHALMANNA IN CRIME NO.
46/2020 OF WANDOOR POLICE STATION DATED
17/03/2020.

ANNEXURE III A TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 1ST RESPONDENT DATED 09/04/2021.

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