Sreekumar vs State Of Kerala
2021 Latest Caselaw 12792 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
   TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
                      CRL.MC NO. 1949 OF 2021
    AGAINST THE ORDER/JUDGMENT IN LP 173/2008 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS -I, CHENGANNUR, ALAPPUZHA
PETITIONER/1ST ACCUSED:

            SREEKUMAR
            AGED 58 YEARS
            S/O.KARUNAKARAN PILLAI, KALPANA VEEDU, VETTIYAR
            MURI, VETTIYAR VILLAGE, ALAPPUZHA.
            BY ADVS.
            K.SASIKUMAR
            SRI.S.ARAVIND


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, KOCHI - 31.
    2       SUSEELADEVI
            AGED 54 YEARS
            W/O.SREEKUMAR, KARINGALIL HOUSE, PUNTHALAERAM MURI,
            VENMONY VILLAGE, CHENGANNUR TALUK, PIN - 689 509.

            BY ADV K.JANARDHANA SHENOY

            R1 BY SRI M R DHANIL -PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 1949 of 2021

                                      2




                  R. NARAYANA PISHARADI, J
        ----------------------------------------------------
                   Crl.M.C.No.1949 of 2021
       -----------------------------------------------------
                    Dated this the 08th day of June, 2021



                                   ORDER

This is a petition filed under Section 482 Cr.P.C for quashing

the proceedings against the petitioner in the case L.P.No.173/2008

on the file of the Court of the Judicial First Class Magistrate,

Chengannur.

2. The petitioner is the first accused in the aforesaid case.

The offence allegedly committed by him is under Section 498A of

the Indian Penal Code. The second respondent is the

complainant/victim of the offence allegedly committed by the

petitioner.

3. It is submitted that the entire matter has been settled

between the parties. Therefore, it is prayed that the proceedings

against the petitioner in the case may be quashed.

4. Heard the learned counsel for the petitioner and the

second respondent and also the learned Public Prosecutor. Crl.M.C.No. 1949 of 2021

5. Learned Public Prosecutor submits that, on verification, it

is found that the settlement arrived at between the parties is

genuine. Learned counsel for the second respondent submits that

the second respondent has no objection to quash the proceedings

against the petitioner.

6. I have perused the affidavit filed by the second

respondent. It is stated in the affidavit filed by her that the dispute

between her and the petitioner has been settled and that she has

got no grievance against the petitioner. The dispute between the

parties is purely private in nature. I am satisfied that the settlement

arrived at between the parties is genuine. In these circumstances,

in order to secure the ends of justice, the power of this Court under

Section 482 Cr.P.C can be invoked to quash the proceedings against

the petitioner in the case.

7. Consequently, the petition is allowed. The entire

proceedings against the petitioner, in the case L.P.No.173/2008

(arising out of Crime No.117/1998 of Venmony Police Station) on

the file of the Court of the Judicial First Class Magistrate,

Chengannur, are hereby quashed.

Sd/-R. NARAYANA PISHARADI JUDGE

lsn Crl.M.C.No. 1949 of 2021

APPENDIX OF CRL.MC 1949/2021

PETITIONER ANNEXURE ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.117/98 OF VENMONY POLICE STATION. ANNEXURE A2 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE THAZHAKKARA GRAMA PANCHAYAT DATED 11/8/2009 OF KARUNAKARAN PILLAI WHO IS ARRAYED AS THE 2ND ACCUSED IN ANNEXURE A1 CRIME.

ANNEXURE A3 A TRUE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN