Kerala High Court
Suneesh Kumar vs State Of Kerala on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
Crl.MC.No.455 OF 2021(F)
AGAINST THE JUDGMENT IN CC 5400/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, CHENGANNUR
CRIME NO.578/2018 OF Chengannoor Police Station , Alappuzha
PETITIONER/ACCUSED:
SUNEESH KUMAR,
AGED 35 YEARS
S/O. RADHAKRISHNAN, KOCHADISSERIL PALLATH HOUSE,
ANGADICKAL MURI, PUTHEN CAVU P.O, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN-689 123
BY ADV. SRI.K.S.PRAVEEN
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682 031
2 MANJUSHA
AGED 28 YEARS, W/O. JINESH VIJAYAN K, KANNANGATTIL
PUTHAN VEEDU, MULAKKUZHA P.O, CHENGANNUR, ALAPPUZHA,
PIN-689 123
R2 BY ADV. M.I.MOHAMMED RAFFI
OTHER PRESENT:
PP M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.455 OF 2021(F) ..2..
ORDER
Dated this the 17th day of February 2021
Petitioner is the sole accused in Crime
No.578/2018 registered at the Chengannur Police
Station, for offences punishable under Sections 323
and 498-A of IPC, now pending as C.C.No.5400/2018
on the files of the Judicial First Class Magistrate
Court-I, Chengannur. The de facto complainant, at
whose instance the crime was registered, is the
petitioner's wife and is arrayed as the 2 nd respondent
herein. Annexure-B affidavit has been filed by the 2 nd
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 they have divorced and hence,
she has no subsisting grievance against the
Crl.MC.No.455 OF 2021(F) ..3..
petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner has
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 2 nd 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
Crl.MC.No.455 OF 2021(F) ..4..
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. The
proceedings in C.C.No.5400/2018 on the files of the
Judicial First Class Magistrate Court-I, Chengannur is
quashed.
Sd/-
V.G.ARUN
SB/17/02/2021 JUDGE
Crl.MC.No.455 OF 2021(F) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A PHOTOCOPY OF THE FINAL REPORT DATED
15.10.2018 IN C.C. NO. 5400/2018 OF
JUDICIAL CLASS MAGISTRATE COURT 1,
CHENGANNUR, ALAPPUZHA DISTRICT.
ANNEXURE B THE ORIGINAL OF THE AFFIDAVIT SWORN TO
BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT.
//true copy// P.A to Judge
