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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943
Crl.MC.No.2426 OF 2021(C)
AGAINST THE ORDER/JUDGMENT IN CC 1739/2017 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KADAKKAL
CRIME NO.1330/2017 OF Kadakkal Police Station, Kollam
PETITIONERS/ACCUSED-A1 A2:
1 THOMAS @ SHINE
AGED 33 YEARS
S/O.POULOSE, MADATHILKUNNIL VEEDU, VAYYANAM MURI,
VAYYANAM P.O., ITTIVA VILLAGE, KOLLAM DISTRICT.
2 ANNAMMA
AGED 55 YEARS
W/O.POULOSE, MADATHILKUNNIL VEEDU, VAYYANAM MURI,
VAYYANAM P.O., ITTIVA VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENTS/STATE COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE
KADAKKAL POLICE STATION, KOLLAM DISTRICT,
PIN – 691 536.
3 MELVIN MATHEW
AGED 30 YEARS
D/O.MATHEW, ELAPPALLIL, KARAVALOOR P.O., KARAVALOOR
VILLAGE, KOLLAM DISTRICT, PIN – 691 333.
R3 BY ADV. P.V.DILEEP
P.P.SRI.K.B.UDAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2426 OF 2021(C)
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P.V.KUNHIKRISHNAN, J.
————————————–
Crl.M.C. No.2426 of 2021
—————————————
Dated this the 14th day of May, 2021
ORDER
Petitioners are the accused in C.C.No.1739/2017 on the
file of the Judicial First Class Magistrate Court, Kadakkal
(Temporary) which arises from Crime No.1330/2017 of
Kadakkal Police Station. Above case is charge sheeted against
the petitioners alleging offence punishable under section 498A
R/w 34 of IPC.
2. When this matter came up for consideration, the
learned counsel for the petitioners submitted that the entire
disputes between the petitioners and the 3rd respondent are
settled out of court. A counsel also appeared for the 3rd
respondent. The counsel submitted that the matter is settled.
The Public Prosecutor also submitted that the settlement
report is genuine. In such circumstances, I think this Crl.M.C.
Crl.MC.No.2426 OF 2021(C)
3
can be allowed.
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having perused the
affidavits filed by the respondent No. 3 the contents of which
are submitted to be true and voluntary, I am satisfied that the
matter has been amicably settled and that no public interest is
involved in this matter. 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.
Hence, this Crl.M.C. is allowed. All further proceedings
against the petitioners in C.C.No.1739/2017 on the file of the
Judicial First Class Magistrate Court, Kadakkal (Temporary)
Crl.MC.No.2426 OF 2021(C)
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which arises from Crime No.1330/2017 of Kadakkal Police
Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
mpm
Crl.MC.No.2426 OF 2021(C)
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APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME
NO.1330/2017 OF KADAKKAL POLICE STATION.
ANNEXURE A2 A TRUE COPY OF CHARGE SHEET IN CRIME
NO.1330/2017 OF KADAKKAL POLICE STATION.
ANNEXURE A3 AFFIDAVIT OF THE 3RD RESPONDENT.
