Vibin Thambi vs State Of Kerala
2021 Latest Caselaw 10987 Ker

Crl.M.C.5461/2020
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MRS. JUSTICE SHIRCY V.

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                      Crl.MC.No.5461 OF 2020(C)

    AGAINST THE ORDER/JUDGMENT IN CC 2546/2017 OF JMFC - VIII,
                      ERNAKULAM (TEMPORARY)

     CRIME NO.880/2017 OF Panangad Police Station, Ernakulam


PETITIONERS/ACCUSED 1 & 2:

       1       VIBIN THAMBI, AGED 39 YEARS
               S/O SREENIVASAN, PARAYIL HOUSE,
               NETTOOR, MARADU, KUMBALAM, PANAGADU,
               ERNAKULAM DISTRICT, PIN-682040.

       2       LEELA, AGED 61 YEARS,
               W/O SREENIVASAN, PARAYIL HOUSE, NETTOOR,
               MARADY, KUMBALAM,
               ERNAKUKAM DISTRICT, PIN-682040.

               BY ADV. SRI.P.A.ABHILASH

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

       1       STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

       2       SINDHU
               AGED 34 YEARS
               W/O VIBIN THAMBI,
               CHERPPIL HOUSE, PUTHOOR P O,
               TRISSUR-680014.


               R2 BY ADV. BOBBY K.PAUL

OTHER PRESENT:

               SRI.C.N. PRABHAKARAN,SR.PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.5461/2020
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                                       ORDER

Dated this the 7th day of April 2021

Petition under Section 482 of the Code of

Criminal Procedure.

2. The petitioners are accused Nos. 1 and

2 in Crime No. 880 of 2017 of Panangad Police

Station registered for the offences punishable

under Sections 323, 324, 341, 294(b), 498A read

with Section 34 of Indian Penal Code, now pending

as C.C. No. 2546 of 2017 on the file of the

Judicial First Class Magistrate Court-VIII,

Ernakulam.

3. Heard both sides and perused the

records.

4. It is submitted by the learned counsel

for the petitioners that the parties have resolved

the entire dispute among themselves and there is no

subsisting dispute between them. Now the 1st Crl.M.C.5461/2020

petitioner and the defacto complainant are living

together. Therefore, this petition to quash

Annexure A2 final report.

5. Learned counsel appearing for the 2 nd

respondent/defacto complainant has submitted that

she has absolutely no grievance or complaint

against the petitioners. Annexure A4, the affidavit

sworn to by her, indicates that she has no

intention to pursue the matter further.

6. The learned Public Prosecutor has

reported that the prosecution has no serious

objection in allowing the petition.

7. As the dispute has been amicably

settled, the possibility of conviction is remote

and bleak.

8. Therefore, considering the special

facts and circumstances involved in this case,

I find that no fruitful purpose is likely to be

served by proceeding with the matter against the

petitioners. Moreover, no public interest is Crl.M.C.5461/2020

involved in the case and there is no legal

impediment in granting the prayer as sought for by

the petitioners. Therefore, for the purpose of

securing the ends of justice, this Crl.M.C. is only

to be allowed.

For the foregoing reasons, Annexure A2

final report in Crime No.880 of 2017 of Panangad

Police Station now pending as C.C. No. 2546 of 2017

on the file of the Judicial First Class Magistrate

Court-VIII, Ernakulam will stand quashed as prayed

for.

Sd/-

SHIRCY V.

JUDGE

sb Crl.M.C.5461/2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 A TRUE COPY OF THE FIR IN CRIME NO.880/2017 OF PANANGAD POLICE STATION.

ANNEXURE-A2 THE ACCUSED COPY OF FINAL REPORT IN CRIME NO.880/2017.

ANNEXURE-A3 TRUE COPY OF THE SETTLEMENT DATED 10/12/18 MADE BEFORE THE MEDIATION CENTRE AT FAMILY COURT, THRISSUR.

ANNEXURE-A4 TRUE COPY OF THE AFFIDAVIT DATED 22.11.2020.