Kerala High Court
Soudhamani C N vs State Of Kerala on 1 July, 2025
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.MC NO. 5437 OF 2025
CRIME NO.2571/2021 OF Vaikom Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.382 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS-I ,VAIKOM
PETITIONER/ACCUSED NOS.2 AND 3:
1 SOUDHAMANI C N
AGED 62 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM, PIN - 686608.
2 MEENU RAJ
AGED 29 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM, PIN - 68660
BY ADV SRI.C.R.SURESH KUMAR
RESPONDEN/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 VARSHA.K.P
RESIDING AT MEENAKSHI BHAVANAM,
KULASEKHARAMANGALAM P.O, TOLL JUNCTION,
KULASEKHARAMANGALAM VILLAGE, VAIKOM, NOW RESIDING
AT KAITHAVALAPPIL VEEDU, POOTHOTTA KARA,
POOTHOTTA P.O, MANAKUNNAM VILLAGE, KANAYANNUR
TALUK, ERNAKULAM, PIN - 682307
OTHER PRESENT:
SRI G SUDHEER, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01.07.2025, ALONG WITH Crl.MC.1636/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.MC NO. 1636 OF 2025
CRIME NO.2571/2021 OF Vaikom Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.382 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS-I ,VAIKOM
PETITIONER/ACCUSED:
1 SURESH RAJ
AGED 31 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM NOW RESIDING AT GN. A TOLL
HOSPITAL/MINISTRY OF HEALTH, FUVAH MULAKH,
MALDIVES., PIN - 686608
2 RAJAMANI
AGED 68 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM, PIN - 686608
BY ADVS.
SRI.C.R.SURESH KUMAR
SHRI.VINEETH V.T.
SMT.AMRUTHA SURESH
RESPONDENT/COMPLAINANT/ DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
2 VARSHA K P
KAITHAVALAPPIL VEEDU, POOTHOTTA KARA, POOTHOTTA
P.O, MANAKUNNAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM, PIN - 682307
BY ADV SMT.SIKHA G.NAIR
SMT.PUSHPALATHA M.K.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01.07.2025, ALONG WITH Crl.MC.5437/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
3
COMMON ORDER
The petitioners in Crl.M.C No.5437/2025 are accused Nos.2 and 3 and the petitioners in Crl.M.C No.1636/2025 are accused Nos.1 and 4 in C.C.No.382 of 2022 on the files of the Judicial First Class Magistrate Court-I, Vaikom. The offences alleged against them are under Sections 498A, 323 and 506 (ii) read with Section 34 of the Indian Penal Code, 1860.
2. In these petitions, the petitioners would contend that the issue involved in these cases has been amicably settled with the defacto complainant, and hence the proceedings against them are to be quashed.
3. Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent and the learned Public Prosecutor representing the State of Kerala.
4. The defacto complainant has filed an affidavit before this Court stating that all the issues between her and the petitioners have been amicably settled, and hence there 2025:KER:47986 Crl.m.c NoS 5437 & 1636 OF 2025 4 is no need to continue the prosecution against the petitioners.
5. The learned Public Prosecutor, upon instructions from the Investigating Officer, submitted that the defacto complainant had given statements to the Investigating Officer also to the effect that the matter has been amicably settled with the petitioners, and that she is not at all interested in continuing the prosecution against petitioners.
6. It appears that the dispute involved is purely of private nature, and no purpose would be fulfilled by the continuance of the prosecution in this case, and hence it is highly necessary to terminate the prosecution proceedings to prevent abuse of process of court. Such a course is also required to maintain the harmonious relationship between the parties. Therefore, the request in the present petition to quash the proceedings against the petitioners, has to be allowed.
In the result, the petitions stand allowed. The proceedings against the petitioners in Crl.M.C No.5437/2025 2025:KER:47986 Crl.m.c NoS 5437 & 1636 OF 2025 5 (accused Nos.2 and 3) and the petitioners in Crl.M.C No.1636/2025 (accused Nos.1 and 4 ) in C.C.No.382/2022 on the files of the Judicial First Class Magistrate Court - I, Vaikom, which arose out of Crime No.2571/2021 of Vaikom Police Station, Kottayam, are hereby quashed.
Sd/-G.GIRISH, JUDGE ma/02.07.2025 True copy 2025:KER:47986 Crl.m.c NoS 5437 & 1636 OF 2025 6 APPENDIX OF CRL.MC 1636/2025 PETITIONER ANNEXURES Annexure A-1 CERTIFIED COPY OF THE FIR IN CRIME NO.
2571/2021 OF VAIKOM POLICE STATION DATED 27/12/2021 Annexure A-2 CERTIFIED COPY OF THE FINAL REPORT DATED 27/01/2022 Annexure A-4 CERTIFIED COPY OF JUDGEMENT DATED 24/6/2024 OF HON'BLE FAMILY COURT AT ERNAKULAM IN OP NO : 2619/2011 AND OP NO : 1134/2024.
Annexure A- 5 TRUE COPY OF THE AFFIDAVIT SIGNED BY THE DEFACTO COMPLAINANT/ RESPONDENT DATED 25/01/2025.
2025:KER:47986 Crl.m.c NoS 5437 & 1636 OF 2025 7 APPENDIX OF CRL.MC 5437/2025 PETITIONER ANNEXURES Annexure A-1 A TRUE COPY OF THE FIR IN CRIME NO.
2571/2021 OF VAIKOM POLICE STATION DATED 27/12/2021 Annexure A-2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.2571/2021 DATED 27/01/2022 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 AT VAIKOM AS CC NO. 382/2022 Annexure A-3 A TRUE COPY OF THE AGREEMENT EXECUTED BEFORE THE MEDIATION CENTER AT FAMILY COURT, ERNAKULAM IN OP NO. 2619/2021 DATED 29.06.2024 Annexure A-4 A TRUE COPY OF COMMON JUDGMENT IN OP NO : 2619/2011 AND OP NO : 1134/2024 OF THE HON'BLE FAMILY COURT AT ERNAKULAM DATED 24/07/2024 Annexure A-5 A TRUE COPY OF THE AFFIDAVIT SIGNED BY THE DEFACTO COMPLAINANT/ 2ND RESPONDENT DATED 25/01/2025 Annexure A-6 A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 10.06.2025 IN CRIMINAL MC NO: 1636 OF 2025