Renjeev Das vs State Of Kerala
2021 Latest Caselaw 5544 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       Crl.MC.No.403 OF 2021(A)

 AGAINST THE ORDER/JUDGMENT IN CC 642/2015 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, KOLLAM

       CRIME NO.2025/2012 OF KUNDARA POLICE STATION, KOLLAM


PETITIONERS/ACCUSED:

      1      RENJEEV DAS
             AGED 40 YEARS
             S/O THULASI DAS,
             PRIYA SADANAM, PERUMPUZHA CHERRY, ELAMBALLOOR
             VILLAGE, KUNDARA P O, KOLLAM DISTRICT-691501.

      2      NALINI
             AGED 71 YEARS
             W/O THULASI DAS,
             PRIYA SADANAM, PERUMPUZHA CHERRY, ELAMBALLOOR
             VILLAGE, KUNDARA P O, KOLLAM DISTRICT-691501.

      3      SINDHU DAS
             AGED 46 YEARS
             D/O THULASI DAS,
             PRIYA SADANAM,
             PERUMPUZHA CHERRY,
             ELAMBALLOOR VILLAGE,
             KUNDARA P O,
             KOLLAM DISTRICT-691501.

      4      RAJEEV DAS
             AGED 40 YEARS
             S/O THULASI DAS,
             PRIYA SADANAM,
             PERUMPUZHA CHERRY,
             ELAMBALLOOR VILLAGE,
             KUNDARA P O,
             KOLLAM DISTRICT-691501.

      5      HARIPRIYA
             AGED 30 YEARS
             W/O SEEDAS,
             PRIYA SADANAM,
             PERUMPUZHA CHERRY,
             ELAMBALLOOR VILLAGE,
 CRL.M.C.NO.403 OF 2021
                                 2

               KUNDARA P O,
               KOLLAM DISTRICT-691501.

       6       VILASINI
               AGED 69 YEARS
               D/O KUNJUKOCHU,
               PRIYA SADANAM,
               PERUMPUZHA CHERRY,
               ELAMBALLOOR VILLAGE,
               KUNDARA P O,
               KOLLAM DISTRICT-691501.

               BY ADVS.
               SRI.PRATHEESH.P
               SMT.S.SEETHA

RESPONDENT/STATE & DEFACTO   COMPLAINANT:

       1       STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA AT ERNAKULAM-682031.

       2       STATION HOUSE OFFICER
               KUNDARA POLICE STATION, KOLLAM DISTRICT-691501.

       3       SOUMYA
               AGED 27 YEARS
               D/O BAHULEYAN,
               PLAVILA VEEDU,
               KULAVANA VILLAGE,
               MULAVANA VILLAGE,
               KOLLAM TALUK,
               KOLLAM DISTRICT-691503.

               R3 BY ADV. A.MUHAMMED RAFFI

OTHER PRESENT:

               SR.PP.C.N.PRABHAKARAN

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.403 OF 2021
                                        3




                                ORDER

Dated this the 16th day of February 2021

Petitioners are the accused in Crime

No.2025/2012 registered at the Kundara Police

Station, for the offence punishable under Section

498-A r/w 34 of IPC, now pending as

C.C.No.642/2015 on the files of the Judicial First

Class Magistrate Court-I, Kollam. The de facto

complainant, at whose instance the crime was

registered, is the 1st petitioner's wife and is arrayed as

the 3rd respondent herein. Annexure-A4 affidavit has

been filed by the 3rd respondent stating that the

matrimonial dispute, which had compelled her to

submit the complaint leading to registration of the

crime, has been resolved amicably and decision

having been taken to end the matrimonial

relationship, she has no subsisting grievance against

the petitioners.

CRL.M.C.NO.403 OF 2021

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 3 rd respondent, the

contents of which are submitted to be true and

voluntary, I am satisfied that the dispute is settled

and 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.

In the result, this Crl.M.C is allowed. Annexure-2

First Information Report and Annexure-3 Final Report CRL.M.C.NO.403 OF 2021

in crime No.2025/2012 of Kundara Police Station and

further proceedings in C.C.No.642/2015 on the files

of the Judicial First Class Magistrate Court-I, Kollam

are quashed.

Sd/-

V.G.ARUN

JUDGE NB CRL.M.C.NO.403 OF 2021

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE-1 THE CERTIFIED COPY OF CMP NO. 7836/2012 ON THE FILE OF JFMC-1 KOLLAM DATED 13.09.2012.

ANNEXURE-2 THE CERTIFIED COPY OF FIR IN CRIME NO.2025/2012 OF KUNDARA POLICE STATION DATED 4.12.2012.

ANNEXURE-3 THE TRUE COPY OF FINAL REPORT IN CRIME NO.

2025/2012 OF KUNDARA POLICE STATION DATED 31.08.2014.

ANNEXURE-4 THE COPY OF AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 16.01.2021.