Kerala High Court
K.V. Udyakumar vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 568 OF 2024
CRIME NO.1613/2021 OF FORT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.385 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
K.V. UDYAKUMAR
AGED 49 YEARS
S/O KRISHNANKUTTY, TC 41/1428, MSK NAGAR,
KURIYATHI, MANACAUD, THIRUVANANTHAPURAM,
PIN - 695009
BY ADV
LATHEESH SEBASTIAN
RESPONDENTS/STATE & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
FORT POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695564
3 NEETHU S NAIR
AGED 25 YEARS
D/O SREEKUMARI, AATTUVARAMBIL VEEDU, BEHIND
ANANTHAPURI HOSPITAL, PETTAH VILLAGE, CHAKKA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695024
BY ADVS
SRI. M.C. ASHI - PUBLIC PROSECUTOR
NEETHU S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2
Crl.M.C. No.568 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 568 of 2024
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Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure, by the sole accused in Crime No.1613/2021 of Fort Police Station, Thiruvananthapuram which is pending as C.C. No.385/2021 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram. The offences alleged against the petitioner are punishable under Sections 294(b), 506 and 427 of the Indian Penal Code.
2. The prosecution case is that: the petitioner threatened the third respondent, who is the daughter of the wife of the petitioner and burned the certificates of the third respondent after uttering abusive words and thereby committed the above offences.
3. Adv. Geethu S. appeared on behalf of the defacto complainant and submitted that she has already filed the vakalath.
3Crl.M.C. No.568 of 2024
4. According to the petitioner, the dispute has been settled with the defacto complainant/third respondent. Both parties agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings in Annexure-1 Final Report.
5. The Defacto complainant filed affidavit endorsing the averments in the Crl.M.C. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.
6. Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. Signed statement of the defacto complainant also has been filed, which substantiates the averments in her affidavit.
7. Considering the fact that the offences under Sections 294(b), 427 and 506 of the Indian Penal Code involved in this case are not heinous and very serious in nature, and the 4 Crl.M.C. No.568 of 2024 dispute has been settled between the petitioner and defacto complainant, this is a fit case in which further proceedings can be quashed.
In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.385/2021 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram arising from Crime No.1613/2021 of Fort Police Station, Thiruvananthapuram, is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 5 Crl.M.C. No.568 of 2024 APPENDIX OF CRL.MC 568/2024 PETITIONER'S ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT OF THE 2ND RESPONDENT IN CRIME NO.
1613/2021 OF FORT POLICE STATION, THIRUVANANTHAPURAM DISTRICT 133/2021 Annexure 2 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT RESPONDENT'S ANNEXURES: NIL