Kerala High Court
Shaiju K 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.896 OF 2021(B)
AGAINST THE JUDGMENT IN CC 824/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,PALAKKAD
PETITIONERS:
1 SHAIJU K
AGED 38 YEARS
S/O. VELAYUDAN, SANTHI NAGAR, ATTUPURAM, EDATHARA
P.O., PALAKKAD DISTRICT, PIN-678 611, NOW RESIDING AT
G1, NAGATHAMAN FLAT, PLOT NO.1AB AND 1B, RAJAJI
STREET, SALI GRAMAM, CHENNAI-600093.
2 KUTTIKRISHNAN
AGED 68 YEARS
S/O. VELAYUDAN, SANTHI NAGAR, ATTUPURAM, EDATHARA
P.O., PALAKKAD DISTRICT, PIN-678 611, NOW RESIDING AT
G1, NAGATHAMAN FLAT, PLOT NO.1AB AND 1B, RAJAJI
STREET, SALI GRAMAM, CHENNAI-600093.
3 SUMANGALA
AGED 61 YEARS
W/O. KUTTIKRISHNAN, SANTHI NAGAR, ATTUPURAM, EDATHARA
P.O., PALAKKAD DISTRICT, PIN-678 611, NOW RESIDING AT
G1, NAGATHAMAN FLAT, PLOT NO.1AB AND 1B, RAJAJI
STREET, SALI GRAMAM, CHENNAI-600093.
BY ADV. SRI.K.N.ABHILASH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 GREESHMA
AGED 30 YEARS
W/O. SHAIJU, MANNATH HOUSE, AKSHARA NAGAR,
KANJIKKODE, PALAKKAD-678621.
R2 BY ADV. JACOB SEBASTIAN
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 896/2021 2
V.G.ARUN, J.
===========================
Crl.M.C.No.896 of 2021
===========================
Dated this the 16th day of February, 2021
ORDER
Petitioners are the accused in C.C.No.824 of 2019 on
the files of Judicial First Class Magistrate-I, Palakkad. The de
facto complainant at whose instance the crime was registered is
the 2nd respondent. Cognizance has been taken for the offence
under Section 498A r/w 34 of IPC, based on a private complaint
filed by the 2nd respondent. Annexure A3 Affidavit has been filed
by the 2nd respondent stating that the matrimonial issues with
her husband/1st petitioner, which had compelled her to file the
complaint has since been resolved. Hence, she has no subsisting
grievance against the petitioners. It is stated that the parties
have decided to separate and legal steps in that regard is being
taken.
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.824 of 2019 on the files of Judicial First Class Magistrate-
I, Palakkad is quashed.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE COMPLAINT DATED
17.2.2018 SUBMITTED BY THE PETITIONER UNDER
SEC.190 CR.P.C. IN CC NO.824/2019 DATED
17.2.2018 ON THE FILES OF JFCM-1, PALAKKAD,
PALAKKAD DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE PROCEEDINGS DATED
1.8.2019 IN CC NO.824/2019 ON THE FILES OF
JFCM-1, PALAKKAD, PALAKKAD DISTRICT.
ANNEXURE A3 THE AFFIDAVIT EXECUTED BY THE 2ND
RESPONDENT DATED 6.2.2021.
