Kerala High Court
Shijith vs State Of Kerala on 6 May, 2025
CRL.MC NO. 1712 OF 2025 1
2025:KER:33600
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947
CRL.MC NO. 1712 OF 2025
CRIME NO.607/2021 OF Nedupuzha Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1080 OF
2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR
PETITIONER/ACCUSED 1 TO 4:
1 SHIJITH
AGED 32 YEARS
S/O PREMAN, THAYYIL(H), NR MINI STADIUM,
VATTAPPINY DESOM,KANNIMANGALAM(V), THRISSUR, PIN
- 680027
2 PREMAN
AGED 62 YEARS
S/O SANKARANKUTTY, THAYYIL(H), NR MINI STADIUM,
VATTAPPINNY DESHOM, KANNIMANGALAM (V), THRISSUR,
PIN - 680027
3 SHEEBA PREMAN
AGED 54 YEARS
W/O PREMAN, THAYYIL(H), NR MINI STADIUM,
VATTAPPINNY DESHOM, KANNIMANGALAM (V), THRISSUR,
PIN - 680027
4 SHIMA
AGED 24 YEARS
D/O PREMAN, THAYYIL(H), NR MINI STADIUM,
VATTAPPINNY DESHOM, KANNIMANGALAM (V), THRISSUR,
PIN - 680027
BY ADV SREERAJ M.D.
RESPONDENT/STATE/DEFACTO COMPLAINANT:
CRL.MC NO. 1712 OF 2025 2
2025:KER:33600
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 HAREESHMA
AGED 28 YEARS
D/O RAMESH N K, NANDILATH PARAMBIL HOUSE,
NEDUPUZHA P, NEDUPUZHA DESOM, KANIMANGALAM
VILLAGE, THRISSUR TAALUK, THRISSUR DISTRICT,,
PIN - 680007
BY ADV AJMAL P.
OTHER PRESENT:
SR PP - NOUSHAD K A
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 1712 OF 2025 3
2025:KER:33600
ORDER
The petitioners have approached this Court to quash Annexure A3 Final Report and all further proceedings in Crime No.607 of 2021 of Nedupuzha Police Station pointing out that a settlement has been arrived at between the parties.
2. Petitioners are the accused 1 to 4 in Crime No.607/2024 of Nedupuzha Police Station, Thrissur and the offences alleged against the petitioner are punishable under Sections 506, 498A, 403, 406 r/w 34 Indian Penal Code, 1860. The 2nd respondent is the defacto complainant. Annexure A3 is the affidavit sworn in by her.
3. Heard the learned Public Prosecutor, the learned counsel for the petitioners and the learned counsel for the 2nd respondent.
4. The averments in the Crl.M.C. and the affidavit sworn in by respondent No.2 would show that the entire disputes between the parties have been settled. The learned Public Prosecutor, on instructions, submitted that a statement of the defacto complainant was also received wherein she reported that the matter has been amicably CRL.MC NO. 1712 OF 2025 4 2025:KER:33600 settled.
5. In view of the dictum laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayan [(2019) 5 SCC 688], I am of the opinion that the proceedings against the petitioners can be quashed taking note of the settlement arrived at between the parties. No purpose would be served by continuing with the proceedings against the petitioners.
Crl. M.C. is allowed and Annexure A1 Final Report is quashed. No further proceedings in C.C.No.1080/2021 on the file of the Judicial First Class Magistrate Court II, Thrissur, arising of Crime No. .607 of 2021 Police Station is warranted.
sd/ SYAM KUMAR V.M. JUDGE jm/ CRL.MC NO. 1712 OF 2025 5 2025:KER:33600 APPENDIX OF CRL.MC 1712/2025 PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE F.I.R IN CRIME NO. 607/2021 OF NEDUPUZHA POLICE STATION, DATED 6/8/2021 Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT IN CC NO 1080/2021 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE -II, THRISSUR. DATED 27/9/2021 Annexure A3 THE AFFIDAVIT FILED BY RESPONDENT NO.2/DEFACTO COMPLAINANT DATED 5/1/2025