Kerala High Court
Anilkumar 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. 9975 OF 2023
CRIME NO.2566/2016 OF POOYAPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.277 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,KOTTARAKKARA
PETITIONERS/ACCUSED:
1 ANILKUMAR
AGED 39 YEARS
S/O RAGHAVAN, ANIL MANDIARAM NADUKKUNNU, KOTTARA
MURI, VELIYAM VILLAGE, KOLLAM DISTRICT,
PIN - 691540
2 RAGHAVAN
AGED 69 YEARS
S/O KUNJIRAMAN NAIR, ANIL MANDIARAM NADUKKUNNU,
KOTTARA MURI, VELIYAM VILLAGE, KOLLAM DISTRICT,
PIN - 691540
3 LALITHA
AGED 61 YEARS
W/O RAGHAVAN, ANIL MANDIARAM NADUKKUNNU, KOTTARA
MURI, VELIYAM VILLAGE, KOLLAM DISTRICT,
PIN - 691540
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
NANMA.B.B
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
POOYAPPALLY POLICE STATION, KOLLAM DISTRICT,
PIN - 691540
2
Crl.M.C. No.9975 of 2023
3 REJI
AGED 26 YEARS
D/O RAJENDRAN, REJI NIVAS, NEDUMANCAVU, KAREEPRA
VILLAGE, KOLLAM DISTRICT, PIN - 691509
BY ADV
SRI.G.SUDHEER - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.9975 of 2023
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 9975 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 3 in Crime No.2566/2016 of Pooyappally Police Station, Kollam, which is pending as C.C. No.277/2017 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara. The offences alleged against the petitioners are punishable under Sections 498A and 323 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that: the accused 1 to 3 had misused the defacto complainant's gold ornaments given by her parents at the time of marriage and mentally and physically harassed her demanding more dowry. On 16.09.2016 the accused 1 and 2 pushed the 3rd respondent and the 3rd accused supported them for their illegal activities, and thereby mentally and physically tortured her. Hence, the accused have committed the above offences. 4 Crl.M.C. No.9975 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 A2 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.
6. Considering the fact that the offences under Sections 498A and 323 read with Section 34 of the Indian Penal Code 5 Crl.M.C. No.9975 of 2023 involved in this case are not heinous and very serious in 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. 277/2017 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara arising from Crime No.2566/2016 of Pooyappally Police Station, Kollam is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 6 Crl.M.C. No.9975 of 2023 APPENDIX OF CRL.MC 9975/2023 PETITIONER'S ANNEXURES Annexure-A1 CERTIFIED COPY OF THE FIR AND FIS DATED 27.12.2016 IN CRIME NO. 2566 / 2016 OF POOYAPPALLY POLICE STATION Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT DATED 28.03.2017 IN CRIME NO. CRIME NO. 2566 / 2016 OF POOYAPPALLY POLICE STATION Annexure-A3 AFFIDAVIT OF THE 3RD RESPONDENT DATED 04.11.2023 RESPONDENT'S ANNEXURES: NIL