Kerala High Court
Shyju Divakaran @ Kochumon vs State Of Kerala on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
CRL.MC NO. 5200 OF 2021
CC 378/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOTTAYAM
PETITIONERS/ACCUSED:
1 SHYJU DIVAKARAN @ KOCHUMON, AGED 40 YEARS
S/O. DIVAKARAN, EZHAKADAVIL HOUSE, THAKIDI BHAGOM,
MEENADOM.
2 LIBIN LAJI, S/O. LAJI, ALAKKATTUSSERIYIL HOUSE,
MEENADOM P. O.
BY ADV A.K.HARIDAS
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 SUB INSPECTOR OF POLICE
PAMPADY POLICE STATION - 686502.
3 CHANDI [email protected] SUNNYCHAN
PATHAYIL HOUSE, MEENADOM VILLAGE, MEENADOM P. O.,
KOTTAYAM - 686516.
4 RACHEL CHANDI
W/O. CHANDY K. V., PATHAYIL HOUSE, MEENADOM VILLAGE,
MEENADOM P. O., KOTTAYAM - 686516.
BY ADV S.KRISHNALAL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5200 OF 2021
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JUDGMENT
This Crl.M.C. has been filed seeking to quash
the entire further proceedings against the
petitioners/accused in CC No. 378 of 2020 on
the file of the Judicial First Class
Magistrate Court-I, Kottayam, which has been
registered for the offences punishable under
Sections 324, 326 & 343 r/w Section 34 of the
Indian Penal Code.
2. Petitioners 1 and 2 are the accused in the
above crime. The 3rd respondent is the de
facto complainant and the 4th respondent is the
wife of the de facto complainant. Annexure A1
is the certified copy of the final report.
Annexures A2 and A3 are the affidavits sworn
in by the de facto complainant/3rd respondent
and the 4th respondent respectively.
3. It is submitted by the learned counsel for the
petitioners that the petitioners have amicably
CRL.MC NO. 5200 OF 2021
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settled the entire issues with respondents 3
and 4.
4. Adv.Sri.S.Krishnalal appeared on behalf of the
de facto complainant/3rd respondent as well as
the 4th respondent and reported about the
settlement arrived at between the parties.
5. The learned Public Prosecutor produced copy of
the report of the Sub Inspector of Police,
Pampady Police Station along with a copy of
the signed statement of the de facto
complainant/3rd respondent.
6. It has come out from the affidavits duly sworn
in as well as the copy of the signed statement
of the de facto complainant given to the SHO
that the entire issues between the petitioners
and the 3rd respondent/de facto complainant and
the 4th respondent have been amicably settled
between the parties out of court and they have
no surviving grievance against the petitioners
and have no intention to proceed with the
CRL.MC NO. 5200 OF 2021
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matter.
7. Since the entire issues between the parties
have been amicably settled out of court, there
is no impediment in quashing the proceedings
against the petitioners and further
continuance of the proceedings against them
will be an abuse of process of court. No
public interest is involved and the issue is
purely personal in nature. Therefore, I am of
the view that it is only just and proper to
quash the entire proceedings in CC No. 378 of
2020 on the file of the Judicial First Class
Magistrate Court-I, Kottayam. It is ordered
accordingly.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
bka/04.12.2021
CRL.MC NO. 5200 OF 2021
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APPENDIX OF CRL.MC 5200/2021
PETITIONER ANNEXURE
Annexure A1 THE CERTIFIED COPY OF FINAL REPORT
DATED 29.06.2020 IN CC 378/20 OF
J.F.M.C. - I, KOTTAYAM.
Annexure A2 THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT HEREIN.
Annexure A3 THE AFFIDAVIT SWORN BY THE 4TH
RESPONDENT HEREIN.
