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Rajeesh Kumar P vs Saranya Sasikumar on 21 December, 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
CRL.MC NO. 10797 OF 2023
CRIME NO.225/2022 OF MANNANCHERRY POLICE STATION, Alappuzha
CC 553/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE),
ALAPPUZHA
PETITIONERS/ACCUSED :

1 RAJEESH KUMAR P
AGED 37 YEARS
S/O PONNAPPAN NAIR
THAYYIL VEEDU,
WARD NO. 14, MANNANCHERRY PANCHAYAT,
ARYAD NORTH P.O., ALAPPUZHA, PIN – 688538
2 VIJAYAMMA
AGED 66 YEARS
W/O PONNAPPAN NAIR
THAYYIL VEEDU,
WARD NO. 14, MANNANCHERRY PANCHAYAT,
ARYAD NORTH P.O., ALAPPUZHA, PIN – 688538
BY ADV SOHAIL MOHAMMED ANSARY

RESPONDENTS/DEFACTO COMPLAINANT :

1 SARANYA SASIKUMAR
AGED 28 YEARS
D/O SASIKUMAR
CHIRAYIL PRASANTH NILAYAM,
NETHAJI P.O., MANNANCHERRY,
ALAPPUZHA, PIN – 688538
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031
BY ADV SMT.Ameena R
OTHER PRESENT:

SRI NOUSHAD K.A. (SR PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.10797 of 2023
2

ORDER

The petitioners face prosecution under Sections

498A and 34 of the Indian Penal Code, 1860. A crime was

registered against the petitioners as Crime No.225 of 2022 of

Mannancherry Police Station, Alappuzha, alleging commission

of offences under the aforesaid provisions of law. The matter

is now pending as C.C.No.553 of 2022 on the file of the

Judicial First Class Magistrate’s Court-II (Mobile), Alappuzha.

2. The learned counsel appearing for the

petitioners would submit that the entire disputes between the

petitioners and the defacto complainant (first respondent)

have been settled, as is evident from Annexure-A5 affidavit

executed by the first respondent/defacto complainant. It is

submitted that no useful purpose would be served in

continuing with the prosecution against the petitioners in the

light of the settlement of all issues between the petitioners

and the first respondent/defacto complainant.

3. The learned Public Prosecutor, on instructions,

would submit that the disputes between the petitioners and
Crl.M.C.No.10797 of 2023
3

the first respondent have been settled and the first

respondent does not wish to continue with the prosecution

against the petitioners.

4. Having heard the learned counsel for the

petitioners and the learned Public Prosecutor and having

regard to the contents of Annexure-A5 affidavit executed by

the first respondent/defacto complainant and also having

regard to the statement of the learned Public Prosecutor that

the issues between the petitioners and the first respondent

have been settled, I am of the view that this is a fit case

where, a jurisdiction of this Court under Section 482 of Cr.P.C.

can be invoked to quash the proceedings against the

petitioners.

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

proceedings against the petitioners in C.C.No.553 of 2022 on

the file of the Judicial First Class Magistrate’s Court-II

(Mobile), Alappuzha will stand quashed.

Sd/-

GOPINATH P., JUDGE
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Crl.M.C.No.10797 of 2023
4

APPENDIX OF CRL.MC 10797/2023

PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIS IN CRIME NO.225/2022 OF
MANNACHERY POLICE STATION DATED
01.04.2022
Annexure A2 TRUE COPY OF FIR IN CRIME NO.225/2022 OF
MANNACHERY POLICE STATION DATED
01.04.2022
Annexure A3 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.225/2022 OF MANNACHERY POLICE STATION
DATED 01.04.2022 PENDING AS CC 553/2022
IN THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, ALAPPUZHA
Annexure A4 MEDIATION AGREEMENT SIGNED BY THE PARTIES
IN MC 37/2022 BEFORE THE FAMILY COURT,
ALAPPUZHA
Annexure A5 AFFIDAVIT SWORN BY THE DE-FACTO
COMPLAINANT/RESPONDENT NO. 1

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