Kerala High Court
Abhilash vs State Of Kerala on 24 March, 2021
Crl.M.C.1433/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.1433 OF 2021(H)
CC 227/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ATTINGAL
CRIME NO.1610/2012 OF Attingal Police Station,
Thiruvananthapuram
PETITIONER/ACCUSED:
ABHILASH, AGED 37 YEARS
S/O.RAVEENDRAN PILLAI, ARROW VILLA, KODUMAN,
ATTINGAL (P.O.), ATTINGAL,
THIRUVANANTHAPURAM - 695 101.
BY ADV. SRI.K.RAJESH KANNAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, ATTINGAL P.O.,
THIRUVANANTHAPURAM - 695 101.
3 INDU MOHAN
D/O.MOHANACHANDRAN PILLAI, PANAVELIL PUTHEN VEEDU,
MARUTHAMAN PALLI DESOM, POOYAPPALLY VILLAGE,
KOLLAM, PIN - 691 537.
R3 BY ADV. A.S.SHAMMY RAJ
OTHER PRESENT:
C.N.PRABHAKARAN- SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.1433/2021
2
ORDER
Dated this the 24th day of March 2021
Petition under Section 482 of the Code of
Criminal Procedure.
2. The petitioner is the sole accused in
Crime No. 1610 of 2012 of Attingal Police Station
registered for the offences punishable under
Section 498A of Indian Penal Code and Sections 3, 4
and 6 of Dowry Prohibition Act, now pending as C.C.
No. 227 of 2014 on the file of the Judicial First
Class Magistrate-I, Attingal.
3. Heard both sides and perused the
records.
4. It is submitted by the learned counsel
for the petitioner that the parties have resolved
the entire dispute among themselves and there is no
subsisting dispute between them. Therefore, this
petition to quash the final report.
Crl.M.C.1433/2021
5. Learned counsel appearing for the 3 rd
respondent/defacto complainant has submitted that
she has absolutely no grievance or complaint
against the petitioner. Annexure IV, 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 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
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
Crl.M.C.1433/2021
securing the ends of justice, this Crl.M.C. is only
to be allowed.
For the foregoing reasons, Annexure II
final report in Crime No. 1610 of 2012 of Attinal
Police Station, now pending as C.C. No. 227 of
2014 on the file of the Judicial First Class
Magistrate-I, Attingal, will stand quashed as
prayed for.
Sd/-
SHIRCY V.
JUDGE
sb
Crl.M.C.1433/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE C.M.P.NO.6707/2012 FILED
BY THE 3RD RESPONDENT BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II,
KOTTARAKKARA DATED 4/12/2012.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1610/2012 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 12/12/2014
IN O.P.(HMA) NO.529/2014 ON THE FILE OF THE
HONOURABLE FAMILY COURT, ATTINGAL.
ANNEXURE IV TRUE COPY OF THE ORIGINAL AFFIDAVIT DATED
18/2/2021 SWORN BY THE 3RD RESPONDENT.
