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Raju vs State Of Kerala on 30 September, 2023

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. 5449 OF 2023
AGAINST THE ORDER/JUDGMENT CC 580/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONER/ACCUSED:

RAJU
AGED 43 YEARS, S/O SIVANANDHAN,
PALAKKAVALI HOUSE, MAYITHARA DESOM,
KANCHIKUZHI VILLAGE, CHERTHALA TALUK,
ALAPUZHA DISTRICT, PIN – 688 539.

BY ADV
RAJESH CHAKYAT

RESPONDENTS/STATE, DEFACTO COMPLAINANT I.O:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682 031.

2 NITHYA
AGED 38 YEARS, D/O KARUNAKARAN,
VAZHAPARAMBIL HOUSE , KALLAYIMOOLA VILLAGE,
P.O. VARANDARAPILLY, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN – 680 303.

3 THE STATION HOUSE OFFICER
VARANDARAPILLY POLICE STATION, VARANDARAPPILLY,
THRISSUR DISTRICT, PIN – 680 303.

BY ADV
SRI.BIJU .C. ABRAHAM (FOR R2)
NOUSHAD KA- SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.5449 of 2023
:2:

ORDER

Dated this the 30th day of September, 2023

Petitioner is accused in Crime No.49/2023 of

Varandarapilly Police Station, Thrissur District, which is now

pending as C.C. No.580/2023 on the file of the Judicial First

Class Magistrate Court, Irinjalakuda, alleging commission of

offences punishable under Sections 323, 324 and 498A of the

Indian Penal Code.

2. Learned counsel appearing for the petitioner

would submit that the entire issues between the petitioner

and the 2nd respondent (the de facto complainant) have been

settled. Learned counsel appearing for the petitioner also

refers to Annexure 2 affidavit executed by the 2 nd respondent

to establish that the entire issues between the petitioner and

the 2nd respondent have been settled and the 2 nd respondent

does not intend to continue with the proceedings against the

petitioner.

3. Learned Senior Public Prosecutor and the learned

counsel appearing for the 2nd respondent affirms that the
Crl.M.C. No.5449 of 2023
:3:

entire disputes between the petitioner and the 2nd respondent

have been settled and that the 2nd respondent does not wish

to continue with the proceedings against the petitioner.

4. Having heard the learned counsel appearing for

the petitioner, learned Senior Public Prosecutor and the

learned counsel appearing for the 2nd 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.580/2023 on the file of the Judicial

First Class Magistrate Court, Irinjalakuda (Crime No.49/2023

of Varandarapilly Police Station) will stand quashed as

against the petitioner.

Sd/-

GOPINATH P.

JUDGE
AMR
Crl.M.C. No.5449 of 2023
:4:

APPENDIX OF CRL.MC 5449/2023

PETITIONER’S ANNEXURES

Annexure 1 A TRUE COPY OF THE FINAL REPORT IN
CRIME NO.49/2023 OF IRINJALAKUDA
POLICE DATED 26.03.2023.

Annexure 2 ORIGINAL COPY OF THE COMPOUNDING
AFFIDAVIT DATED 05.07.2023 BY THE 2ND
RESPONDENT.

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