Kerala High Court
[email protected] vs State Of Kerala on 13 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
CRL.MC NO. 5343 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1336/2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
[email protected]
AGED 36 YEARS
S/O.CHANDRAN (LATE), KOOLOM ROAD, MADIKAI VILLAGE, HOSDURG
TALUK-671314.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 SANTHINI.T.V, AGED 37 YEARS,
W/O.SHAJI, THATTUMMAL HOUSE, PULLUR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT-671316.
BY ADV VIPIN T JOSE
OTHER PRESENT:
PP SANGEETHARAJ N.R
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.12.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5343 of 2021
2
ORDER
This Crl.M.C. has been filed seeking to quash the entire
further proceedings against the petitioner/accused in
C.C.No.1336/2018 on the file of Judicial First Class Magistrate
Court-I, Hosdurg, which arose out of crime No.766/2017 of
Hosdurg Police Station, registered for the offence punishable
u/s.354(D)(1)(ii) of IPC and Section 120(o) of Kerala Police Act.
2. First petitioner is the husband of the defacto
complainant - 3rd respondent. Second petitioner is the mother of
the first petitioner.
3. According to the petitioner, the entire issues with the
defacto complainant - 2nd respondent have been settled amicably
out of court.
4. Annexure A1 is the copy of FIR; Annexure AII is the
copy of Final Report in the above crime and Annexure AIII is the
affidavit duly sworn in by the 2nd respondent - defacto
complainant stating about the settlement of dispute.
5. Adv.Sri. Vipin T. Jose appeared on behalf of the second
Crl.M.C.No.5343 of 2021
respondent - defacto complainant and reports about the
settlement arrived at between the parties.
6. Learned Public Prosecutor produced copy of the report
of the SHO, Hosdurg Police Station along with copy of the
signed statement of the defacto complainant.
7. It has come out from Annexure AIII affidavit duly
sworn in by the defacto complainant as well as the signed
statement of the defacto complainant given to the SHO that the
issues between her and the petitioner have been settled out of
court. She does not want to prosecute further against the
petitioner and she has no objection in quashing the proceedings
against the petitioner.
8. The entire issues between the parties are purely
private in nature and no public interest is involved. Since the
entire issues between the parties have been settled out of court,
continuation of the proceedings against the petitioner would be
an empty formality without anything achieved positively in the
end. In such situations courts can exercise the inherent powers
vested with the court to save the valuable time of court as well
as to prevent abuse of process of courts. (See: Gian Singh v.
Crl.M.C.No.5343 of 2021
State of Punjab [2012 (4) KLT 108 (SC)]; Madan Mohan Abbot v.
State of Punjab [2008 (3) KLT 19 (SC)] and Narinder Singh &
Ors. v. State of Punjab & Anr. [2014(4) SCALE 195 : ILR 2014 (2)
Ker. 85 : 2014 KHC 4195].
In the result, Crl.M.C allowed and the entire proceedings
against the petitioner/accused in C.C.No.1336/2018 on the file of
Judicial First Class Magistrate Court-I, Hosdurg, which arose out
of crime No.766/2017 of Hosdurg Police Station, is hereby
quashed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.No.5343 of 2021
APPENDIX OF CRL.MC 5343/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE F.I.R.IN CRIME NO.766 OF 2017
OF HOSDURG POLICE STATION.
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.766
OF 2017 OF HOSDURG POLICE STATION.
Annexure AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 25-10-2021.
