Abish Anil Kumar vs State Of Kerala
2021 Latest Caselaw 5449 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                      Crl.MC.No.5806 OF 2020(E)

  AGAINST THE JUDGMENT IN CC 892/2018 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -I,KOZHIKODE

     CRIME NO.438/2018 OF Chevayur Police Station , Kozhikode


PETITIONERS:

      1        ABISH ANIL KUMAR
               AGED 37 YEARS
               S/O.ANIL KUMAR MONON, BHAVANA, PALLIKKUNNU P.O.,
               MADAMBALLI ROAD, KANNUR-670 004.

      2        ANIL KUMAR MENON,
               AGED 67 YEARS
               S/O.KUNHIKANNAN NAIR, BHAVANA, PALLIKKUNNU P.O.,
               MADAMBALLI ROAD, KANNUR-670 004.

      3        SOBHA ANILKUMAR,
               AGED 57 YEARS
               W/O.ANIL KUMAR MENON, BHAVANA, PALLIKKUNNU P.O.,
               MADAMBALLI ROAD, KANNUR-670 004.

               BY ADVS.
               SHRI.HARISH R. MENON
               SRI.K.T.SHYAMKUMAR
               PRASANTH A.G.
               NIMMY SHAJI

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM.

      2        NIMISHA NAMBIAR ANJALI
               AGED 31 YEARS
               W/O.ABISH ANIL KUMAR, RESIDING AT MOHANAM, SHENOY
               COLONY, NELLIKKAVU ROAD, KARAPARAMBA P.O., CHEVAYOOR
               POLICE STATION LIMIT, KOZHIKODE-673 010.

               R2 BY ADV. S.NIRMAL
 Crmc 5806/2020                    2

                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5806/2020                        3

                                   V.G.ARUN, J.

                 ===========================
                          Crl.M.C.No.5806 of 2020
                 ===========================
                   Dated this the 15th day of February, 2021


                                  ORDER

Petitioners are the accused in Crime No.438 of 2018

registered at the Chevayur Police Station for offences punishable

under Sections 498A, 406 r/w 34 of IPC, now pending as

C.C.No.892 of 2018 on the file of Judicial First Class Magistrate

Court-I, Kozhikode. The de facto complainant at whose instance

the crime was registered is the 2nd respondent. Annexure B

affidavit has been filed by the 2 nd respondent stating that the

matrimonial dispute has been settled and that she has no

subsisting grievance against the petitioners.

2. Heard the learned Public Prosecutor also, who, on

instructions, submits that the petitioners have no criminal

antecedents.

3. Having considered the gravity of the offences alleged,

nature of the injury caused and having perused the affidavit filed

by the 2nd respondent, the contents of which are submitted to be

true and voluntary, I am satisfied that the dispute is settled and

that no public interest is involved in this matter. Moreover, in

view of the settlement, possibility of the criminal proceedings

ending in conviction is remote. 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 sought.

4. In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.892 of 2018 on the file of Judicial First Class Magistrate

Court-I, Kozhikode is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE JUDGMENT IN WPC NO.22504/2019 DATED 17.09.2020.

ANNEXURE B THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN.

ANNEXURE C THE FINAL REPORT SUBMITTED BY THE INVESTIGATION OFFICER.