L.Rajan vs State Of Kerala
2021 Latest Caselaw 12400 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       Crl.MC.No.2441 OF 2021(E)

 AGAINST THE ORDER/JUDGMENT IN CC 618/2012 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS -III, NEYYATTINKARA


PETITIONER:

               L.RAJAN
               AGED 62 YEARS
               ARUN NIVAS, KUTHIRAVATTATH, POLICE QUARTERS, NEMAM,
               THIRUVANANTHAPURAM.

               BY ADV. SRI.U.NIDHIN

RESPONDENTS/COMPLAINANT:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM - 682031.

      2        ASWATHY R.P.
               AGED 31 YEARS
               D/O. L. RAJAN, ARUN NIVAS, KUTHIRAVATTATHU, POLICE
               QUESTERS ROAD, NEMAM, THIRUVANANTHAPURAM, NOW
               RESIDING AT "KOUSTHUBHAM", THERUPATHA, AKATHETHARA,
               PALAKKAD, PIN - 678008,

               R2 BY ADV. V.A.NAVAS
               P.P.SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2441 OF 2021(E)

                                 2




                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No.2441 of 2021
              ---------------------------------------
             Dated this the 11th day of May, 2021


                             ORDER

This petition is filed under Sec. 482 of the Cr.P.C. to quash

the entire proceedings in C.C.No.618/2012 on the file of

Judicial First Class Magistrate Court-III, Neyyattinkara. The

above case is registered against the petitioner alleging

offences punishable under Sections 417, 420, 468, 471 of the

IPC. It is a private complaint filed by the 2nd respondent.

2. When this matter came up for consideration, the

learned counsel for the petitioner and the learned counsel for

the 2nd respondent submitted that the matter is settled

between the parties and the 2 nd respondent has no grievance

against the petitioner. The Public Prosecutor also submitted

that this is a private complaint, if the parties settled the Crl.MC.No.2441 OF 2021(E)

matter, State has no objection in quashing the proceedings.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavit filed by the respondent No. 2 the contents of which

are submitted to be true and voluntary, I am satisfied that the

matter has been amicably settled and that no public interest is

involved in this matter. Moreover, in view of the settlement

arrived at between the parties, there is no possibility of the

criminal proceedings ending in conviction. As such,

continuance of the proceedings will amount to an abuse of

process of court and hence, in view of the legal position set out

by the Honourable Supreme Court in Madan Mohan Abbot v.

State of Punjab [(2008) 4 SCC 582] and Gian Singh v.

State of Punjab and another [(2012) 10 SCC 303], there

is no impediment in granting the relief.

Hence, this Crl.M.C. is allowed. All further proceedings in

C.C.No.618/2012 on the file of the Judicial First Class Crl.MC.No.2441 OF 2021(E)

Magistrate Court-III, Neyyattinkara are quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2441 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 COPY OF THE COMPLAINT FILED BEFORE THE JFCM III COURT, NEYYATTINKARA IN CC NO. 618 OF 2012.

ANNEXURE A2 ORIGINAL COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT.