Kerala High Court
Antony. P.O vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
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. 1390 OF 2024
CRIME NO.1010/2021 OF Mulavukad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.114 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,ERNAKULAM
PETITIONER/S:
ANTONY. P.O
AGED 77 YEARS
S/O OUSO, PUTHENPURAKKAL HOUSE, PANAMBUKADU,
VALLARPADAM MULAVUKAD P.O, ERNAKULAM., PIN -
682504
BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY
HARIKRISHNAN P.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER , MULAVUKAD POLICE STATION
MULAVUKAD P.O, ERNAKULAM DISTRICT, PIN - 682054
3 NIRMALA GEORGE
AGED 28 YEARS
D/O GEORGE, RESIDING AT KATTASSERRY VEEDU,
PANAMBUKADU P.O, ERNAKULAM DISTRICT, PIN - 682504
OTHER PRESENT:
PP NIMA JACOB
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.1390 of 2024
2
ORDER
Dated this the 11th day of April, 2024 Petitioner is the accused in Crime No.1010 of 2021 registered at the Mullavukadu Police Station for offences punishable under Sections 354, 354A(1)(i), 354A(1)(ii), 354D and 509 of IPC, now pending as C.C.No.114 of 2022 on the files of the Judicial First Class Magistrate Court-I, Ernakulam. The de facto complainant is arrayed as the third respondent. Annexure-A4 affidavit has been filed by the third 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.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that no antecedents Crl.M.C.No.1390 of 2024 3 are reported against the petitioner.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the third respondent, 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. Crl.M.C.No.1390 of 2024 4
In the result, this Crl.M.C is allowed. Annexure-A2 final report and all further proceedings in C.C.No.114 of 2022 on the files of the Judicial First Class Magistrate Court-I, Ernakulam, are quashed.
Sd/-
V.G.ARUN JUDGE Scl/ Crl.M.C.No.1390 of 2024 5 APPENDIX OF CRL.MC 1390/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
1010/2021 OF MULAVUKAD POLICE STATION, ERNAKULAM DISTRICT DATED ON 10.12.2021 Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT FILED AGAINST PETITIONER BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -1, ERNAKULAM Annexure A3 THE TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 22.11.2023 EXECUTED BETWEEN THE PETITIONER'S SON AND THE 3RD RESPONDENT/DEFACTO COMPLAINANT Annexure A4 ORIGINAL AFFIDAVIT DATED 25/1/2024 SWORN TO BY THE 3RD RESPONDENT