Ajith vs The State Of Kerala
2021 Latest Caselaw 23969 Ker

             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. 1478 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 607/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,PERINTHALMANNA IN CRIME NO. 197/2017 OF WANDOOR POLICE
                   STATION, MALAPPURAM DISTRICT.
PETITIONERS/ACCUSED 1 TO 3:

     1     AJITH
           AGED 35 YEARS
           S/O.CHANDRAN, VETTIKATTIRI HOUSE, KUTTIYIL,
           VANIYAMBALAM, P.O.WANDOOR, MALAPPURAM DISTRICT.

     2     CHANDRAN
           AGED 54 YEARS
           S/O.AYYAPPUNNI, VETTIKATTIRI HOUSE, KUTTIYIL,
           VANIYAMBALAM, P.O.WANDOOR, MALAPPURAM DISTRICT.

     3     INDIRA
           AGED 47 YEARS
           W/O.CHANDRAN, VETTIKATTIRI HOUSE, KUTTIYIL,
           VANIYAMBALAM, P.O.WANDOOR, MALAPPURAM DISTRICT.

           BY ADVS.
           C.DINESH
           SRI.MOHAMED ISMAYIL AVUNHIPPURAM


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

     1     THE STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM - 682 031.

     2     THE STATION HOUSE OFFICER
           WANDOOR POLICE STATION, MALAPPURAM DISTICT - 679 328.

     3     SWATHI
           AGED 27 YEARS
           D/O.NARAYANAN, MUNDAKKAL HOUSE, VILAYIL, KONDOTTY
           TALUK,MALAPPURAM DISTRICT - 673 645.

           BY ADV G.RENJITH
 Crl.M.C. NO. 1478 OF 2021
                                  2



             PP SRI. M.C ASHI


      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. 1478 OF 2021
                                            3



                                        ORDER

This Crl.M.C has been filed seeking to quash the entire further

proceedings against the petitioners in C.C.No. 607/2017 on the file of

Judicial First Class Magistrate Court-II, Perinthalmanna which arose

out of Crime No. 197/2017 of Wandoor Police Station, which has

been registered for the offences punishable under Sections 498A, 406

r/w 34 of IPC. Petitioners are accused Nos. 1 to 3 in the above said

crime.

2. 3rd respondent is the defacto complainant. According to

the learned counsel for the petitioner, the issues between the parties

have been amicably settled out of court. Adv. G. Renjith appeared on

behalf of the defacto complainant and other injured and reports about

the settlement arrived at between the parties. The learned Public

Prosecutor produced report of the Station House Officer,

Perinthalmanna Police Station along with the copy of the statement

of the defacto complainant.

3. It has come out from both affidavit as well as statement of

the defacto complainant given to the Station House Officer that the

entire dispute between the parties have been amicably settled out of

court. The entire issues between the parties are purely private in nature Crl.M.C. NO. 1478 OF 2021

and no public interest is involved.

4. Since the entire issues between the parties have been

amicably settled out of court, the continuation of further proceedings

against the petitioners would be an abuse of process of court. In such

cases this Court can exercise the inherent powers to quash the

proceedings. (See Gian Singh v. State of Punjab and Another (2012 10

SCC 303 : 2012 KHC 4530; Madan Mohan Abhot 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, this Crl.M.C. stands allowed and all further

proceedings in C.C.No. 607/2017 on the file of Judicial First Class

Magistrate Court-II, Perinthalmanna is hereby quashed.

Sd/-

M.R.ANITHA JUDGE rps/ Crl.M.C. NO. 1478 OF 2021

APPENDIX OF CRL.MC 1478/2021

PETITIONER ANNEXURES

ANNEXURE A CERTIFIED COPY OF THE F.I.R.NO.197/2017 F WANDOOR POLICE STATION DATED 11/9/2017 ON THE FILE OF THE FIRST JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT NO.237/2017 DATED 27/10/2017 FILED BY THE 2ND RESPONDENT ON THE FILE OF THE FIRST JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA.

ANNEXURE C ORIGINAL AFFIDAVIT EXECUTED BY THE DE-FACTO COMPLAINANT DATED 27/2/2021.