Prajin T.P vs The State Of Kerala
2021 Latest Caselaw 9125 Ker

Crl.MC.No.1221 OF 2021(C)           1

            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.1221 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN CC 12/2021 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS - I, OTTAPPALAM

     CRIME NO.544/2020 OF Shornur Police Station , Palakkad


PETITIONERS/ACCUSED:

      1      PRAJIN T.P.
             AGED 31 YEARS
             S/O. VASANHAKUMARI, THEKKATHPARAMBIL HOUSE,
             CHUNDUVALATHUR, SHORNUR, PALAKKAD DISTRICT, PIN-
             679121.

      2      PRIYANKA,
             AGED 28 YEARS
             D/O. PRABHAKARAN, THEKKATHPARAMBIL HOUSE,
             CHUNDUVALATHUR, SHORNUR, PALAKKAD DISTRICT, PIN-
             679121.

             BY ADV. SRI.R.RANJITH (MANJERI)

RESPONDENT/STATE, DEFACTO COMPLAINANT AND INJURED:

      1      THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI-682031 FOR THE SUB
             INSPECTOR OF POLICE, SHORNUR POLICE STATION,
             PALAKKAD DISTRICT.

      2      SRUTHI P.V.
             AGED 27 YEARS
             D/O. VELAYUDHAN, NTTF QUARTERS, NETTUR, KANNUR
             DISTRICT, PIN-670105.

             R2 BY ADV. A.P.NIDHIN KUMAR

OTHER PRESENT:

             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.1221 OF 2021(C)               2




                                ORDER

Dated this the 18th day of March 2021

Petition under Section 482 of the Code of

Criminal Procedure.

2. The petitioners are the accused in

Crime No.544 of 2020 of Shornur Police Station

registered for the offences punishable under

Sections 341,323 read with Section 34 of Indian

Penal Code, now pending as C.C. No.12 of 2021 on

the file of the Judicial First Class Magistrate,

Ottapalam.

3. Heard both sides and perused the

records.

4. The learned counsel for the petitioners

submitted that the case has been instituted by

the defacto complainant on some misunderstanding

and now the parties have resolved their entire

issues and as such there is no dispute between

them. Therefore, this petition to quash all further

proceedings in C.C.No.12/2021.

5. Learned counsel appearing for the

second respondent has submitted that she has

absolutely no grievance or complaints against the

petitioners. Annexure B is the affidavit sworn to

by her in support of the submission of the

petitioners. The affidavit further indicates that

she has 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. 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.

7. On hearing the submissions of all

concerned and 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 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, all further

proceedings in C.C.NO.12/2021 on the file of the

Judicial First Class Magistrate, Ottappalam arising

out of Crime No.544 of 2020 of Shornur Police

Station will stand quashed as prayed for.

Sd/-

SHIRCY V.

JUDGE

smm