Kerala High Court
Mirash vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.1959 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 1959 OF 2024
CRIME NO.459/2019 OF Vadakkancherry Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.638 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONER:
MIRASH
AGED 27 YEARS
S/O.KABEER, THARISSIL HOUSE, THEKKEPOTTA,
KOTTARASSERY, PALAKAKD, PIN - 678687
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA ERNAKULAM, PIN - 682031
2 SHAHNAMOL
AGED 20 YEARS
W/O.MIRASH, D/O.LATE.HAMSA, KALTHIL HOUSE,
THEKKEPOTTA, KOTTARASSERY, PALAKKAD-, PIN - 678687
3 SAFIYA,
AGED 45 YEARS
W/O. LATE.HAMSA, KALTHIL HOUSE, THEKKEPOTTA,
KOTTARASSERY, PALAKKAD, PIN - 678687
OTHER PRESENT:
PP MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1959 of 2024
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ORDER
Dated this the 11th day of April 2024 Petitioner is the accused in Crime No.459 of 2019 registered at the Vadakkencherry Police Station for the offence punishable under Section 363 of IPC, now pending as C.C.No.638 of 2019 on the files of the Judicial First Class Magistrate Court-I, Alathur. The de facto complainant is arrayed as the 3rd respondent. Annexure-4 affidavit has been filed by the 3rd respondent stating that the dispute, which had compelled her to file the complaint, leading to registration of the crime, has been settled amicably and she has no subsisting grievance against the petitioner. Further, the alleged victim has filed Annexure-3 affidavit stating that the petitioner is her husband and the complaint was filed based on a misconception.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that no antecedents are reported against the Crl.M.C.No.1959 of 2024 3 petitioner.
3. Having considered the gravity of the offence alleged, nature of the injury caused and having perused the affidavits, the contents of which are vouched to be true and voluntary by the counsel for respondents 2 and 3, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. 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. The fact that the petitioner and the 2nd respondent are now married and having children in the marriage is also taken into consideration.
In the result, this Crl.M.C is allowed. Annexure-1 final report and all further proceedings in C.C.No.638 of 2019 on the files of Crl.M.C.No.1959 of 2024 4 the Judicial First Class Magistrate Court-I, Alathur as against the petitioner, are quashed.
Sd/-
V.G. Arun Judge vpv Crl.M.C.No.1959 of 2024 5 APPENDIX OF CRL.MC 1959/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FINAL REPORT IN C.C.NO.638/2019 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, ALATHUR Annexure 2 TRUE COPY OF THE MARRIAGE CERTIFICATE NO.26/2021 DATED 13.09.2021 Annexure 3 THE AFFIDAVIT DATED 23.02.2024 SWORN BY THE 2ND RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT Annexure 4 THE AFFIDAVIT 23.02.2024 SWORN BY THE 3RD RESPONDENT EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT