Sunil Kumar vs State Of Kerala
2021 Latest Caselaw 12138 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                      Crl.MC.No.2305 OF 2021(G)

  TO QUASH ANNEXURE A2 FINAL REPORT AND ALL PROCEEDINGS PURSUANT
    THERETO NOW PENDING AS S.C.NO.147/2015 ON THE FILES OF THE
              ADDITIONAL SESSIONS JUDGE-1, ALAPPUZHA

    CRIME NO.29/2009 OF KURATHIKADU POLICE STATION , ALAPPUZHA

PETITIONER/ACCUSED:

             SUNIL KUMAR,
             AGED 41 YEARS,
             S/O. KUTTAPPAN NAIR,
             KOKKIREETHU VEEDU,
             PERINGALA VILLAGE,
             CHETTIKULANGARA,
             MAVELIKKARA,
             ALAPPUZHA DISTRICT.

             BY ADVS.
             SRI.M.V.THAMBAN
             SRI.R.REJI
             SMT.THARA THAMBAN
             SRI.B.BIPIN
             SRI.ARUN BOSE

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM, 682 031
             REPRESENTING SUB INSPECTOR OF POLICE,
             KURATHIKADU POLICE STATION,
             ALAPPUZHA DISTRICT
      2      X
             X X X
             R2 BY ADV. K.V.ANIL KUMAR

OTHER PRESENT:

             PP - SMT. M.N.MAYA

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2305 OF 2021(G)

                                     2




                                    ORDER

Dated this the 20th day of April, 2021

This is an application filed under Section 482 Cr.P.C, seeking

to quash the Annexure-A2, final report filed against the petitioner, who

is the sole accused in Crime No.29/2009 of Kurathikadu Police Station

in Alappuzha District. The crime was registered on the basis of the First

Information Statement given by one Shoukath, the father of the girl,

alleging offence punishable under Sections 363, 366 r/w Section 34 IPC.

2. I heard the learned counsel for the petitioner and also the

counsel for the 2nd respondent.

3. After investigation, a charge sheet has laid before the

Judicial First Class Magistrate Court, Mavelikkara, and on committal, it

reached the Additional Sessions Judge-I, Alappuzha, where the accused

Nos. 1 to 3 faced trial in Sessions Case No.221/2010, by judgment dated

25.01.2016, the accused Nos. 1 to 3 were found not guilty and acquitted

under Section 235(1) Cr.P.C. It is noticed therein that all the material Crl.MC.No.2305 OF 2021(G)

witnesses had turned hostile to the prosecution, the girl had already been

given away in marriage to a third person and that the girl and her near

relatives do not want to pursue the proceedings. Accordingly, the

evidence of the prosecution was closed premature without examining the

other witnesses. Since the 4th accused was absconding, the case against

him was refiled and now it is registered as S.C.No.147/2015.

4. The petitioner submits that the matter has been settled, in

support of the same, affidavits of the father and the girl have been filed

by the petitioner. The learned counsel for the 2 nd respondent also

endorsed the version of the petitioner.

5. In the light of the settlement reached between the parties,

there is no point in proceeding the case against the petitioner, the 4 th

accused. It is the settled proposition of law that, notwithstanding the

gravity of the offence, if the parties reach a settlement outside the court,

there is no point in proceeding with the matter. Moreover, the

Honourable Apex Court has ruled that when such a settlement is brought

to notice of the court, the court cannot refuse to invoke its jurisdiction

under Section 482 of the Cr.P.C. By reaching such a settlement, public Crl.MC.No.2305 OF 2021(G)

interest is not hampered. Therefore, by invoking the extraordinary

jurisdiction of this Court under Section 482 Cr.P.C, the Annexure-A2,

final report against the petitioner will stand quashed.

The Cr.M.C. is allowed as above.

Sd/-

K.HARIPAL JUDGE

NR/20/04/2021 Crl.MC.No.2305 OF 2021(G)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.

29/2009 OF KURATHIKADU POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 29/2009 OF KURATHIKADU POLICE STATION, ALAPUZHA DISTRICT.

ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 25-1-2016 IN SESSION CASE NO. 221/2010 ON THE FILES OF THE HON'BLE ADDITIONAL SESSIONS JUDGE-1 ALAPPUZHA

ANNEXURE A4 TRUE COPY OF THE NOTARIZED AFFIDAVIT DT 3-4-2021 OF THE 2ND RESPONDENT SWORN BEFORE THE NOTARY PUBLIC.

ANNEXURE A5 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED 03-04-2021 OF THE CW2 IN ANNEXURE A2 FINAL REPORT.

ANNEXURE A6 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED 3-4-2021 OF THE CW3 IN ANNEXURE A2 FINAL REPORT.

                  //   TRUE COPY//       PA TO JUDGE