Sruthi vs The State Of Kerala
2021 Latest Caselaw 6479 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                     Crl.MC.No.755 OF 2021(D)

 AGAINST THE ORDER/JUDGMENT IN CC 527/2019 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS - I, KARUNAGAPPALLY

   CRIME NO.4596/2017 OF Karunaagapally Police Station, Kollam

PETITIONERS/ACCUSED 1 AND 2:

      1      SRUTHI
             AGED 31 YEARS
             W/O. VIKAS THAMPURAN,
             RESIDING AT PUNARTHAM VEEDU,
             OOCHIRA, PAYIKUZHIMURI,
             OOCHIRA, KOLLAM.

      2      VIKAS THAMPURAN
             S/O. THAMPURAN,
             RESIDING AT PUNARTHAM VEEDU,
             OOCHIRA, PAYIKUZHIMURI,
             OOCHIRA, KOLLAM.

             BY ADV. SRI. S. SREEKUMAR

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

      1      THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.

      2      THE STATION HOUSE OFFICER,
             KARUNAGAPALLY POLICE STATION,
             KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA AT ERNAKULAM 682 031.

      3      K. P. SOBHANA,
             AGED 52 YEARS, W/O. K. SADHASIVAN,
             RESIDING AT KOYIKKAL THEKKATHIL,
             PADYANAYARKULANGARA, KARUNAGAPALLY,
             KOLLAM - 690 544.

             R3 - G.P. ANILKUMAR
             SRI. C. S. HRITHWIK, SR.PP.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.755 OF 2021

                                     2




                                   ORDER

Dated this the 23rd day of February 2021

Petitioners are the accused in Crime No.4596/2017

registered at the Karunagapally Police Station for offences

punishable under Sections 406, 416 and 420 read with Section

34 of IPC, now pending as C.C. No.527/2019 on the files of the

Judicial First Class Magistrate Court, Karunagapally. The de

facto complainant, at whose instance the crime was registered,

is arrayed as the 3rd respondent. Annexure - A3 affidavit has

been filed by the 3rd respondent stating that the dispute, which

was the reason for the incident and registration of the crime,

has been resolved amicably and 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 Crl.MC.No.755 OF 2021

affidavit filed by the 3rd 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. The proceedings in

C.C. No.527/2019 on the files of the Judicial First Class

Magistrate Court, Karunagapally is quashed.

Sd/-

V.G.ARUN JUDGE

SPR Crl.MC.No.755 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 A CERTIFIED COPY OF THE FIR IN CRIME NO.4596/2017 OF THE KARUNAGAPALLY DATED 27.12.2017.

ANNEXURE A2 A CERTIFIED COPY OF THE CHARGE ON THE FILE OF THE JUDICIAL MAGISTRATE COURT- KARUNAGAPALLY IN CC NO.527/2019.

ANNEXURE A3 A AFFIDAVIT DATED 15TH JANUARY, 2021 HAS BEEN SWORN BY THE 3RD RESPONDENT BEFORE THIS HON'BLE COURT.

RESPONDENT'S/S EXHIBITS: NIL.