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Kerala High Court

Praveen vs State Of Kerala on 27 March, 2024

Author: V.G.Arun

Bench: V.G.Arun

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 1880 OF 2024
CRIME NO.763/2022 OF Kuzhalmannam Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.197 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,PALAKKAD
PETITIONER/ACCUSED NOS.1 TO 4:
1 PRAVEEN
AGED 36 YEARS
S/O.NARAYANAN, POOVATHUM PARAMBIL, CHERUVARA
POST, PERUNTHALMANNA, MALAPPURAM, PIN – 679340
2 NARAYANAN
AGED 61 YEARS
S/O.KOPPAN, POOVATHUM PARAMBIL, CHERUVARA POST,
PERUNTHALMANNA, MALAPPURAM, PIN – 679340
3 SANTHA
AGED 54 YEARS,W/O. NARAYANAN, POOVATHUM
PARAMBIL, CHERUVARA POST, PERUNTHALMANNA,
MALAPPURAM, PIN – 679340
4 PRASHEEBA
AGED 29 YEARS
D/O. NARAYANAN, POOVATHUM PARAMBIL, CHERUVARA
POST, PERUNTHALMANNA, MALAPPURAM, PIN – 679340
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM, PIN – 682031
2 DIVYA.D,
AGED 29 YEARS
D/O.DIWAKARAN, NADUTHARA VEEDU,KULAVANMUKKU,
KUZHALMANNAM, PALAKKAD, PIN – 678571
BY ADV UNNI SEBASTIAN KAPPEN
SR.PP. RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1880/2024
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V.G.ARUN, J

Crl.M.C.No.1880 of 2024

Dated this the 27th day of March, 2024

ORDER

Petitioners are the accused in Crime No.763/2022

registered at the Kuzhalmannam Police Station for the offence

punishable under Sections 498A r/w 34 of IPC, now pending as

C.C.No.197/2023 on the files of the Judicial First Class

Magistrate – I, Palakkad. The de facto complainant, arrayed as

2nd respondent, has filed an affidavit stating that the dispute,

which had compelled her to file the complaint, leading to

registration of the crime, has been settled amicably and she

has no subsisting grievance against the petitioners.

2. The learned Public Prosecutor, 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,

the contents of which are vouched to be true and voluntary by

the learned Counsel for the 2nd respondent, I am satisfied that

no public interest is involved in this matter and the dispute has
Crl.M.C.No.1880/2024
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been settled amicably. 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.

In the result, this Crl.M.C is allowed. Annexure 1 Final

Report and all proceedings in CC No.197 of 2023 on the files of

the Judicial First Class Magistrate-I, Palakkad, as against the

petitioners, are quashed.

Sd/-

V.G.ARUN, JUDGE

ACR
Crl.M.C.No.1880/2024
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APPENDIX OF CRL.MC 1880/2024

PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.197/2023 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE-I,
Annexure 2 THE AFFIDAVIT DATED 07.02.2024 SWORN
BY THE 2ND RESPONDENT HEREIN
EVIDENCING THE FACTUM OF SETTLEMENT