Crl.MC No.3622 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
CRL.MC NO. 3622 OF 2022
(CRIME NO.269/2022 PERAMBRA POLICE STATION)
PETITIONER/S:
VIVEK,S/O.SASIDHARAN, AGED 29
AGED 29 YEARS
RESIDING AT SASIKALA HOUSE, CHENOLI, P.O. PERAMBRA VIA,
KOYILANDY TALUK, KOZHIKODE DISTRICT-673525, PIN - 673525
BY ADVS.
B.KRISHNA MANI
DHANUJA M.S
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
AT ERNAKULAM-682031, PIN - 682031
2 SUB INSPECTOR OF POLICE,
PREMBRA POLICE STATION, PERAMBRA, KOZHIKODE DISTRICT-
673525, PIN - 673525
3 XXX
XXX, PIN - 673525
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PP SMT.T.V NEEMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.3622 of 2022
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BECHU KURIAN THOMAS, J.
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Crl.MC No.3622 of 2022
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Dated this the 28th day of June, 2022
ORDER
Petitioner is the accused in Crime No.269/2022 before the Perambra Police Station. The offences alleged against the petitioner are under Section 323 of the Indian Penal Code, 1860 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. According to the prosecution, the petitioner, who is a teacher assaulted the minor child by slapping on the shoulder of the child and thereby committed the offences alleged.
3. Sri.Krishna Mani, learned Counsel for the petitioner submitted that the dispute between the petitioner and the defacto complainant has been settled, which is evident from Annexure II affidavit filed by the father of the defacto complainant.
4. Smt.T.V.Neema, the learned Public Prosecutor submitted that the genuiness of the affidavit has been verified and that father of the defacto complainant still stands with the said affidavit.
5. In view of the aforesaid circumstances and also in view of the judgment in Gian Singh v. State of Punjab and Another Crl.MC No.3622 of 2022 3 (2012 (10) SCC 303), the offence alleged against the petitioner having been settled between the petitioner and the father of the defacto complainant, I find no reason to continue the prosecution.
Accordingly, I quash all further proceedings in Annexure-I FIR in Crime No.269/2022 before the Perambra Police Station The Crl.MC is allowed as above.
sd/ BECHU KURIAN THOMAS JUDGE jm/