Kerala High Court
Raveendran C. 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. 1996 OF 2024
CRIME NO.120/2023 OF CHEEMENI POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.996 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
RAVEENDRAN C. P
AGED 73 YEARS
S/O P GOPALAN, KORAYICHAL,THIMIRI VILLAGE,
KASARGOD DIST.,KERALA, PIN - 671123
BY ADVS.
RAHUL SASI
NEETHU PREM
P.ARDRA MENON
ALFIN NADARSHAW
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 RADHA. K
AGED 61 YEARS
W/O UNNIKRISHNAN, PALAYIVEED, KORAYACHA,THIMIRI
VILLAGE, KASARAGOD DIST., KERALA, PIN - 671315
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:
2
Crl.M.C. No.1996 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 1996 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.120/2023 of Cheemeni Police Station, Kasargod, which is pending as C.C. No.996/2023 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. The offences alleged against the petitioner are punishable under Sections 447 and 324 of the Indian Penal Code.
2. The prosecution case is that: on 19.03.2023 at about 6.17 pm the petitioner trespassed into the house of the defacto complainant and wrongfully restrained, attacked her with wooden sticks and caused injury. Hence, the accused has committed the above offences.
3. According to the petitioner, the dispute has been settled with the defacto complainant. Both parties agreed to drop all further proceedings relating to the above dispute. 3 Crl.M.C. No.1996 of 2024 Therefore, he prayed for quashing all further proceedings in Annexure A1.
4. 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.
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 also has been filed, which substantiates the averments in her affidavit.
6. Considering the fact that the offences under Sections 447 and 324 of the Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioner and defacto complainant, this is a fit case in which further proceedings can be quashed.
4Crl.M.C. No.1996 of 2024
In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.996/2023 on the file of the Judicial First Class Magistrate Court-I, Hosdurg arising from Crime No.120/2023 of Cheemeni Police Station, Kasargod is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 5 Crl.M.C. No.1996 of 2024 APPENDIX OF CRL.MC 1996/2024 PETITIONER'S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE MEMO OF EVIDENCE DATED 30.03.2023 IN CRIME NO. 120 OF 2023 OF CHEEMENI POLICE STATION, KASARAGOD Annexure 2 THE ORIGINAL OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 05.01.2024 RESPONDENT'S ANNEXURES: NIL