—
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
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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