Kerala High Court
Jineesh vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Crl.MC.No.628 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CC 520/2019 OF CHIEF JUDICIAL
MAGISTRATE, THALASSERY
CRIME NO.176/2019 OF KOLAVALLUR POLICE STATION, KANNUR
PETITIONERS:
1 JINEESH
AGED 33 YEARS
EKARATH HOUSE,
THRIPRANGOTTUR AMSOM,
VILAKKOTTOOR DESOM,
VILAKKOTTOOR P. O.,
KANNUR - 670693.
2 NANU
AGED 66 YEARS
S/O. KUNHIRAMAN,
EKARATH HOUSE,
THRIPRANGOTTUR AMSOM,
VILAKKOTTOOR DESOM,
VILAKKOTTOOR P. O.,
KANNUR - 670693.
3 KAMALA
AGED 51 YEARS
W/O. NANU, EKARATH HOUSE,
THRIPRANGOTTUR AMSOM,
VILAKKOTTOOR DESOM,
VILAKKOTTOOR P. O.,
KANNUR - 670693.
4 JINCY
AGED 35 YEARS
D/O. NANU, EKARATH HOUSE,
THRIPRANGOTTUR AMSOM,
VILAKKOTTOOR DESOM,
VILAKKOTTOOR P. O.,
KANNUR - 670693.
BY ADV. SRI.SHANAVAS NALAKATH RANDUPURAYIL
Crl.MC.No.628 OF 2021(G)
2
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SHO,
KOLAVALLOOR POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 ASHINA.K
AGED 29 YEARS
KOCHERI HOUSE,
THRIPRANGOTTUR,
KADAVATHUR P. O.,
KANNUR - 670676.
R2 BY ADV. ARCHANA .K
OTHER PRESENT:
SRI.AJITH MURALI, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.628 OF 2021(G)
3
ORDER
Dated this the 15th day of February, 2021
Petitioners are the accused in C.C. No. 520/2019 on
the file of Chief Judicial magistrate, Thalassery.
2. The above case is charge sheeted against the
petitioners and another alleging offences punishable under
Section 498A of the Indian Penal Code.
3. When this case came up for consideration, the
learned counsel for the petitioners submitted that, the
entire disputes between the petitioners and the 2 nd
respondent are settled out of Court.
4. The learned counsel appearing for the 2nd
respondent submitted that, the matter is settled.
Annexure-5 is the affidavit of the 2nd respondent.
5. The learned Public Prosecutor after getting
instructions from the Investigating Officer, submitted that,
the matter is settled and the settlement report is genuine.
Crl.MC.No.628 OF 2021(G)
6. In the light of the settlement of the entire
issues, I think the continuation of the prosecution will be
an abuse of process of Court.
7. Having considered the gravity of the offences
alleged, nature of the injury caused and having perused
the affidavits filed by the respondent No. 2 the contents of
which are submitted to be true and voluntary, I am
satisfied that the matter has been amicably settled and
that no public interest is involved in this matter. Moreover,
in view of the settlement arrived at between the parties,
there is no possibility of the criminal proceedings ending in
conviction. As such, continuance of the proceedings will
amount to an abuse of process of court and hence, in view
of the legal position set out by the Honourable Supreme
Court in Madan Mohan Abbot v. State of Punjab
[(2008) 4 SCC 582] and Gian Singh v. State of
Punjab and another [(2012) 10 SCC 303], there is no
impediment in granting the relief.
Therefore, this Crl.M.C. is allowed. All further
Crl.MC.No.628 OF 2021(G)
proceedings in Crime No. 176 of 2019 of Kolavalloor
Police Station, Kannur District are quashed.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
Crl.MC.No.628 OF 2021(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF FIR AND COMPLAINT IN
CRIME NO.176/2019, DATED 02.04.2019 OF
KOLAVALLOOR POLICE STATION, KANNUR
DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT
SUBMITTED IN CRIME NO.176/2019, DATED
02.04.2019 OF KOLAVALLOOR POLICE STATION,
KANNUR DISTRICT.
ANNEXURE A3 CERTIFIED COPY OF THE DECREE AND
MEDIATION AGREEMENT IN O.P.626/2019 OF
FAMILY COURT, THALASSERY.
ANNEXURE A4 PHOTOCOPY OF THE AGREEMENT DATED
01.12.2020 EXECUTED BETWEEN PETITIONER
NO.1 AND RESPONDENT NO.2.
ANNEXURE A5 AFFIDAVIT SWORN BY RESPONDENT NO.2
REGARDING SETTLEMENT DATED 01.12.2020.
// True Copy // PA to Judge
