In Lp 189/2014 Of Judicial ... vs By Advs
2021 Latest Caselaw 1542 Ker

Crl.M.C.28/2021
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MRS. JUSTICE SHIRCY V.

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                         Crl.MC.No.28 OF 2021(C)

     IN LP 189/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
                          KARUNAGAPPALLY

           CRIME NO.9/2006 OF Ochira Police Station, Kollam


PETITIONER/ACCUSED

                  RAMACHANDRAN
                  AGED 55 YEARS
                  S/O. RAGHAVAN, CHIRAMEL VADAKKATHIL HOUSE,
                  VALIYAKULANGARA P.O., KARAYMA KIZHAKKU MURI,
                  MAVELIKKARA, ALAPPUZHA-690 104.

                  BY ADVS.
                  SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
                  SRI.A.R.DILEEP
                  SRI.P.J.JOE PAUL
                  SRI.MANU SRINATH
                  SRI.RAJAN G. GEORGE

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

       1          STATE OF KERALA
                  THROUGH STATION HOUSE OFFICER, OACHIRA POLICE
                  STATION, REPRESENTED BY PROSECUTOR,
                  HIGH COURT OF KERALA.

       2          BABY
                  D/O. JANAKI, VANNALLOOR THEKKATHIL HOUSE, PRAYAR
                  THEKKUM MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY,
                  KOLLAM-690 518.

                  R2 BY ADV. JACOB P.ALEX

OTHER PRESENT:

                  AJITH MURALI -P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.28/2021
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                                 ORDER

Dated this the 14th day of January 2021

This petition under Section 482 of the Code of

Criminal Procedure is filed by the 1st accused in C.C.

No.955 of 2006 on the file of the Judicial First Class

Magistrate, Karunagappally arising from FIR No. 9 of 2006

of Oachira Police Station registered for the offences

punishable under Sections 498A, 323, 341, 448 and 34 of

Indian Penal Code. The petitioner was absconding at the

time of trial and the case against him was renumbered as

C.C. No. 875 of 2013 (Re-numbered as L.P. No. 189 of 2014)

3. It is submitted by the learned counsel for

the petitioner that the parties have settled their entire

disputes among themselves and as such there is no

subsisting dispute between them. Therefore, this petition

is filed to quash Annexure 2, FIR No. 9 of 2006 of Oachira

Police Station and Annexure 3 final report in C.C. No. 875

of 2013 (L.P. No. 189 of 2014) on the file of the Judicial

Magistrate of First Class, Karunagappally.

4. Learned counsel appearing for the 2nd

respondent/defacto complainant has submitted that she has Crl.M.C.28/2021

no objection in allowing the petition. Annexure 8 is the

affidavit sworn to by her in support of the submission

of the petitioner. The affidavit further indicates that

she has no intention to pursue the matter further and the

parties have resolved their entire dispute.

5. The learned Public Prosecutor has reported that

the prosecution has no serious objection in allowing the

petition. It is also submitted that as the dispute has

been amicably settled, the possibility of conviction is

remote and bleak and therefore, no useful purpose would

be served in proceeding with the case.

6. On hearing the submissions of all concerned,

on perusal of the records as well on consideration of the

special facts and circumstances involved in this case,

I find that no fruitful purpose is likely to be served by

proceeding with the matter against this petitioner.

Moreover, no public interest is involved in the case and

there is no legal impediment in granting the prayer as

sought for by the petitioner. Therefore, for the purpose of

securing the ends of justice, this Crl.M.C. is only to be

allowed.

For the foregoing reasons, Annexure 2, FIR No. 9

of 2006 of Oachira Police Station and Annexure 3 final Crl.M.C.28/2021

report in C.C. No. 875 of 2013 (L.P. No. 189 of 2014) on

the file of the Judicial Magistrate of First Class,

Karunagappally will stand quashed as prayed for exercising

the inherent powers of High Court under Section 482 of the

Code of Criminal Procedure.

Sd/-

SHIRCY V.

JUDGE

sb Crl.M.C.28/2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT CMP NO.15598/2005 DATED 27.12.2005 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY.

ANNEXURE 2 THE CERTIFIED COPY OF THE FIR NO.9/2006 LODGED BEFORE THE OACHIRA POLICE STATION.

ANNEXURE 3 THE CERTIFIED COPY OF THE CHARGE SHEET FILED AGAINST THE ACCUSED.

ANNEXURE 4 THE TRUE COPY OF THE JUDGMENT DATED 2.4.2013 IN C.C.NO.955/2006 BEFORE THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY.

ANNEXURE 5 THE TRUE COPY OF THE COMPROMISE PETITION DATED 16.5.2018 FILED BY THE PETITIONER AND THE 2ND RESPONDENT IN E.P.NO.27/2016 IN O.P.NO.432/2014 BEFORE THE FAMILY COURT, MAVELIKKARA.

ANNEXURE 6 THE TRUE COPY OF THE ORDER DATED 16.5.2018 IN O.P.NO.432/2014 BEFORE THE FAMILY COURT, MAVELIKKARA.

ANNEXURE 7 THE TRUE COPY OF THE JUDGMENT DATED 29.4.2019 IN O.P.(HMA) NO.1149/2018 OF THE FAMILY COURT, MAVELIKKARA.

ANNEXURE 8 THE TRUE COPY OF THE AFFIFDAVIT DATED 2.12.2020 EXECUTED BY THE 2ND RESPONDENT.