Kerala High Court
Pradeep vs The State Of Kerala on 30 March, 2021
Crl.MC.No.1410 OF 2021(E) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
Crl.MC.No.1410 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN SC 579/2018 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - III, PATHANAMTHITTA
CRIME NO.1539/2017 OF Enathu Police Station , Pathanamthitta
PETITIONER:
PRADEEP
AGED 41 YEARS
S/O DAMODHARAN, VENGAVILAYIL VEEDU, ARUKALICKAL
WEST MURI, ENATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT-691 554.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENTS/STATE, DEFACTO COMPLAINANT AND INJURED:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 THE STATION HOUSE OFFICER
POLICE STATION OF ADOOR, KOLLAM DISTRICT-691 523.
3 PRATHIBHA
AGED 31 YEARS
W/O PRADEEP, NOW RESIDING AT VENGAVILAYIL VEEDU,
ARUKALICKAL WEST MURI, ENATHU VILLAGE, FROM
MUKALUVILA VEEDU, KANNI MALA, BADHAMUKKU,
CHOORAKODE, ERATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT-691 551.
4 USHA KUMARI
W/O PANKAJAKSHAN, MUKALUVILA VEEDU, KANNI MALA,
BADHAMUKKU, CHOORAKODE, ERATHU VILLAGE, ADOOR
TALUK, PATHANAMTHITTA DISTRICT-691 551.
Crl.MC.No.1410 OF 2021(E) 2
R3-4 BY ADV. ANSU VARGHESE
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1410 OF 2021(E) 3
ORDER
Petition under Section 482 of the Code of Criminal
Procedure.
2. The petitioner is the sole accused in Crime No.1539 of
2017 of Enathu Police Station registered for the offences punishable
under Sections 452, 294(b), 506(ii), 323, 324 and 308 of Indian Penal
Code, now pending as S.C.No.579 of 2018 on the file of the Addl.
Sessions Court-III, Pathanamthitta.
3. Heard both sides and perused the records.
4. The learned counsel for the petitioner submitted that the
case has been instituted by the defacto complainant on some
misunderstanding with the petitioners and now the parties have
resolved to restore marital ties and as such there is no subsisting
dispute between them. Therefore, this petition to quash the final
report.
5. Learned counsel appearing for respondents 3 and 4 also
submitted that they have absolutely no grievance or complaints
against the petitioner. Annexures A2 and A3 are the affidavits sworn to
by them in support of the submission of the petitioners. The affidavits
further indicate that they have no intention to pursue the matter
further.
6. The learned Public Prosecutor has reported that the
prosecution has no serious objection in allowing the petition, as prayed
for.
7. The nature and gravity of the offences alleged are not
serious and now as the dispute has been amicably settled, the
possibility of conviction is remote and bleak.
Considering 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 the petitioners. Moreover, no public
interest is involved in the case and there is no legal impediment in
granting the prayer as sought for by the petitioners. Therefore, to
subserve the ends of justice, this Crl.M.C. is only to be allowed.
For the foregoing reasons, all further proceedings in final
report in S.C.No.579 of 2018 on the file of the Addl. Sessions Court-
III, Pathanamthitta, arising from Crime No. 1539 of 2017 of Enathu
Police Station will stand quashed as prayed for.
SHIRCY V.
smm JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO 1593/2017 OF ENATHU POLICE
STATION, PATHANAMTHITTA DISTRICT WHICH IS
NOW PENDING AS SC NO 579/2018 ON THE FILE
OF ADDL SESSIONS COURT-111, PATHANAMTHITTA
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED
5.2.2021 SWORN BY THE 3RD RESPONDENT/DE-
FACTO COMPLAINANT
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED
5.2.2021 SWORN BY THE 4THJ RESPONDENT/CW2
