Kerala High Court
Nithin K.P 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. 9222 OF 2023
CRIME NO.335/2021 OF KALIKAVU POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1136 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONERS/ACCUSED NOS.1 TO 5:
1 NITHIN K.P.
AGED 28 YEARS
S/O. SIVADASAN, KUTTIPULIYAN HOUSE, ELAMKOOR P.O.,
MANJERI VIA., MALAPPURAM DISTRICT, PIN - 676122
2 SIVADASAN
AGED 56 YEARS
S/O. VELAYUDHAN, AGED 56 YEARS, KUTTIPULIYAN
HOUSE, ELAMKOOR P.O., MANJERI VIA., MALAPPURAM
DISTRICT, PIN - 676122
3 NISHA
AGED 44 YEARS
W/O. SIVADASAN, KUTTIPULIYAN HOUSE, ELAMKOOR P.O.,
MANJERI VIA., MALAPPURAM DISTRICT, PIN - 676122
4 JYOTHIKA
AGED 21 YEARS
D/O. SIVADASAN, AGED 21 YEARS KUTTIPULIYAN HOUSE,
ELAMKOOR P.O., MANJERI VIA., MALAPPURAM DISTRICT,
PIN - 676122
5 SUBIN KUMAR
AGED 24 YEARS
SUBIN KUMAR, S/O. SIVADASAN, AGED 24 YEARS,
KUTTIPULIYAN HOUSE, ELAMKOOR P.O., MANJERI VIA.,
MALAPPURAM DISTRICT, PIN - 676122
BY ADV
K.RAKESH
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Crl.M.C. No.9222 of 2023
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
KALIKAVU POLICE STATION, MALAPPURAM DISTRICT,
PIN - 676525
3 NAMITHA T.P.
AGED 22 YEARS
D/O. MANI T.P., THOOVAMPARA HOUSE, KIZHAKKEPPURAM,
KOORAD, MALAPPURAM DISTRICT, PIN - 679339
BY ADV
SRI.M.C.ASHI - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C. No.9222 of 2023
C. PRATHEEP KUMAR, J
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Crl.M.C. No.9222 of 2023
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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 accused Nos.1 to 5 in Crime No.335/2021 of Kalikavu Police Station, Malappuram, which is pending as C.C. No.1136/2021 on the file of the Judicial First Class Magistrate Court-I, Manjeri. The offences alleged against the petitioners are punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that: on 13.02.2021, the first petitioner married the third respondent and while they were living together, demanding dowry and also by misappropriating the gold of the third respondent and subjected her to cruelty. Hence, the accused have committed the above offences.
4Crl.M.C. No.9222 of 2023
3. According to the petitioners, 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, they prayed for quashing all further proceedings in Annexure A final report.
4. The defacto complainant/third respondent 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 petitioners.
5. 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/third respondent also have been filed, which substantiates the averments in her affidavit.
6. Considering the fact that the offences under Sections 498A and 406 read with Section 34 of the Indian Penal Code involved in this case are not heinous and very serious in 5 Crl.M.C. No.9222 of 2023 nature, and the dispute has been settled between the petitioners 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.1136/2021 on the file of the Judicial First Class Magistrate Court-I, Manjeri arising from Crime No.335/2021 of Kalikavu Police Station, Malappuram is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 6 Crl.M.C. No.9222 of 2023 APPENDIX OF CRL.MC 9222/2023 PETITIONER'S ANNEXURES Annexure A TRUE COPY OF THE FINAL REPORT IN CRIME NO.335/2021 OF THE KALIKAVU POLICE STATION Annexure B AFFIDAVIT DATED 27-6-2023 EXECUTED BY THE 3RD RESPONDENT RESPONDENT'S ANNEXURES: NIL