Kerala High Court
Santhoshkumar M.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. 2400 OF 2024
CRIME NO.47/2023 OF PERINGOME POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.485 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONER/ACCUSED:
SANTHOSHKUMAR M.P
AGED 50 YEARS
S/O.M.BALAN PANICKER NAVANEETHAM HOUSE,
KANKOLE P.O., PANOTH, PAYYANNUR, KANNUR
DISTRICT, PIN - 670307
BY ADVS.
M.SASINDRAN
P.K.SUBHASH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 VEENA M.
AGED 43 YEARS
W/O.SANTHOSHKUMAR M.P. NAVANEETHAM HOUSE, KANKOLE
P.O., PANOTH, PAYYANNUR, KANNUR DISTRICT,
PIN - 670307
BY ADVS
SRI.M.C.ASHI - PUBLIC PROSECUTOR
S.R.SREEJITH
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.2400 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 2400 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.47/2023 of Peringome Police Station, Kannur which is pending as C.C. No.485/2023 on the file of the Judicial First Class Magistrate Court, Payyannur. The offences alleged against the petitioner are punishable under Sections 323 and 498A of the Indian Penal Code.
2. The prosecution case is that: on 13.05.2001 the marriage between the first petitioner and the defacto complainant had been solemnized as per the custom and while they were residing as husband and wife, the accused harassed the defacto complainant and on 15.01.2023, the accused attacked the defacto complainant and thereby she sustained injury. Hence, the accused has committed the above offences.
3Crl.M.C. No.2400 of 2024
3. Adv. Sreejith S. R. appeared on behalf of the defacto complainant and submitted that he has already filed the vakalath.
4. According to the petitioner, the dispute has been settled with the defacto complainant/ second respondent. Both parties agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings in Annexure-AII 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. 4 Crl.M.C. No.2400 of 2024
7. Considering the fact that the offences under Sections 323 and 498A 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.
In the result, this Crl.M.C is allowed. All further proceedings in C.C. No. 485/2023 on the file of the Judicial First Class Magistrate Court, Payyannur, arising from Crime No.47/2023 of Peringome Police Station, Kannur , is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 5 Crl.M.C. No.2400 of 2024 APPENDIX OF CRL.MC 2400/2024 PETITIONER'S ANNEXURES AnnexureAI A TRUE COPY OF THE FIR IN CRIME NO.
47/2023 OF PERINGOME POLICE STATION, KANNUR DISTRICT DATED 16-01-2023 Annexure AII A TRUE COPY OF THE FINAL REPORT IN CRIME NO.47/2023 OF PERINGOME POLICE STATION Annexure AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT ENDORSING THE FACTUM OF COMPOUNDING OF THE ABOVE SAID OFFENCE AND THE SETTLEMENT OF DISPUTES BETWEEN THE PARTIES RESPONDENT'S ANNEXURES: NIL