Crime No.571/2016 Of Pazhayannur ... vs By Advs
2021 Latest Caselaw 9124 Ker

Crl.MC.No.1289 OF 2021(A)

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MRS. JUSTICE SHIRCY V.

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                     Crl.MC.No.1289 OF 2021(A)

     AGAINST THE ORDER/JUDGMENT IN CC 3324/2016 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS ,VADAKKANCHERRY

   CRIME NO.571/2016 OF Pazhayannur Police Station , Thrissur


PETITIONERS/ACCUSED 1 TO 3

       1      SUJITH P.S.
              AGED 36 YEARS
              S/O. SUNDARAN, PADINJARETHIL HOUSE, ELANAD P.O,
              TALAPILLY TALUK, THRISSUR 680 586

       2      SUNDARAN,
              AGED 59 YEARS
              S/O. NARAYANAN, PADINJARETHIL HOUSE, ELANAD P.O,
              TALAPILLY TALUK, THRISSUR 680 586

       3      LALITHA,
              AGED 52 YEARS
              W/O. SUNDARAN, PADINJARETHIL HOUSE, ELANAD P.O,
              TALAPILLY TALUK, THRISSUR 680 586

              BY ADVS.
              SRI.C.HARIKUMAR
              SHRI.ANAND GOKULDAS

RESPONDENTS/STATE AND DEFACTO COMPLAINANT

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

       2      SILPA S
              AGED 28 YEARS
              D/O. SATHEESH, NECHUR HOUSE, NECHUR P.O, ALATHUR
              TALUK, PALAKKAD 678 722

              R2 BY ADV. RENJITH RAJAPPAN
              SR.PP C.N PRABAKARAN

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1289 OF 2021(A)


                             ORDER

Petition under Section 482 of the Code of Criminal

Procedure.

2. The petitioners are accused Nos.1 to 3 in C.C. No.

3324 of 2016 on the file of the Judicial First Class Magistrate-

Wadakkanchery registered for the offences punishable under Section

498A and Section 34 of Indian Penal Code, arising out of Crime

No.571 of 2016 of Pazhayannur Police Station.

3. Heard both sides and perused the records.

4. It is submitted by the learned counsel for the petitioners

that the parties have resolved the entire dispute among themselves

and there is no subsisting dispute between them. Therefore, this

petition to quash Annexure A1 final report and all further proceedings

in C.C.No.3324 of 2016.

5. Learned counsel appearing for the 2 nd

respondent/defacto complainant has submitted that she has absolutely

no grievance or complaint against the petitioners. Annexure A2, the

affidavit sworn to by her, indicates that she has no intention to

pursue the matter further.

6. The learned Public Prosecutor has reported that the Crl.MC.No.1289 OF 2021(A)

prosecution has no serious objection in allowing the petition.

7. As the dispute has been amicably settled, the possibility

of conviction is remote and bleak.

8. Therefore, 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, for the purpose of securing the ends of

justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure A1 final report and all

further proceedings in C.C. No. 3324 of 2016 on the file of the Judicial

First Class Magistrate, Wadakkanchery arising from Crime No.571 of

2016 of Pazhayannoor Police Station will stand quashed as prayed for.

Sd/-

SHIRCY V.

smm JUDGE Crl.MC.No.1289 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN C.C NO. 3324 OF 2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY

ANNEXURE A2 THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 16-02-2021

ANNEXURE A3 THE TRUE COPY OF THE AGREEMENT ENTERED IN THIS CONTEXT BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT DATED 05-12-2016