—
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.