Kerala High Court
Prince Thomas vs State Of Kerala on 16 February, 2021
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.133 OF 2021(F)
AGAINST THE ORDER/JUDGMENT IN CC 1292/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, ERNAKULAM
CRIME NO.1305/2020 OF Ernakulam Central Police Station , Ernakulam
PETITIONER/ACCUSED:
PRINCE THOMAS
AGED 37 YEARS
S/O. KUNJI THOMA, THOTTAKARA HOUSE, MARU GIRI,
MANJAPRA NEAR WATER TANK, MANJAPRA VILLAGE, ALUVA
THALUK, ERNAKULAM DISTRICT
BY ADVS.
SMT.CAROLIN SINDHU VAZ
SMT.P.A.JAIMOLE
RESPONDENT/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
2 NEENU.P.D
AGED 29 YEARS
D/O. DEVASSIKUTTY, PALLIPADAN HOUSE, SREEMOOLANGARAM
VILLAGE, ALUVA THALUK, ERNAKULAM DISTRICT
R2 BY ADV. T.M.RAMAN KARTHA
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.133 OF 2021
2
ORDER
Dated this the 16th day of February 2021
Petitioner is the accused in Crime No.1305/2020
registered at the Ernakulam Central Police Station,
Ernakulam City, for the offences punishable under
Sections 341 & 323 of IPC, now pending as
C.C.No.1292/2020 on the files of the Judicial First
Class Magistrate Court-II, Ernakulam. The de facto
complainant, at whose instance the crime was
registered, is the 1st petitioner's wife and is arrayed as
the 2nd respondent herein. Annexure-A4 affidavit has
been filed by the 2nd 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 hence, she
has no subsisting grievance against the petitioner.
2. Learned Counsel for the petitioner and the
defacto complainant submitted that the petitioner
CRL.M.C.NO.133 OF 2021
have filed petition for divorce by mutual consent.
3. Heard the learned Public Prosecutor also, who,
submitted on instructions, that the petitioner has no
criminal antecedents.
4. 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 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.
CRL.M.C.NO.133 OF 2021
In the result, this Crl.M.C is allowed. Annexure-
A1 First Information Report and Annexure-A2 Final
Report in crime No.1305/2020 of Ernakulam Central
Police Station and further proceedings in
C.C.No.1292/2020 on the files of the Judicial First
Class Magistrate Court-II, Ernakulam are quashed.
Sd/-
V.G.ARUN
JUDGE
NB
CRL.M.C.NO.133 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE-A1 CERTIFIED COPY OF FIR NO.1305/2020 DATED
23.08.20 FILED BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT, II ERNAKULAM
IN CC NO.1292/20
ANNEXURE-A2 A CERTIFIED COPY OF FINAL REPORT NO.1207/20
DATED 15.09.20 FILED BEFORE THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT, II
ERNAKULAM IN CC NO.1292/2020
ANNEXURE-A3 A TRUE COPY OF THE MUTUAL CONSENT DIVORCE
PETITION OP NO.2263/2020 FILED BY THE
PETITIONER AND 2ND RESPONDENT BEFORE FAMILY
COURT, ERNAKULAM
ANNEXURE-A4 AFFIDAVIT OF THE 2ND RESPONDENT DATED
