Rosh V.R vs Reeshma C
2021 Latest Caselaw 12450 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                       Crl.MC.No.2424 OF 2021(C)

 AGAINST THE ORDER/JUDGMENT IN CC 125/2021 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, KANNUR

    CRIME NO.21/2021 OF Vanitha Police Station Kannur, Kannur


PETITIONERS/ACCUSED:

             ROSH V.R.
             AGED 41 YEARS
             S/O. RAVEENDRAN, VELAYAKATTU HOUSE, MUZHAKUNNU,
             KANNUR- 670 702

             BY ADVS.
             SRI.ABDUL RAOOF PALLIPATH
             SRI.K.R.AVINASH (KUNNATH)
             SRI.PRAJITH RATNAKARAN
             SHRI. RAJ CAROLIN V.

RESPONDENTS/DEFACTO COMPLAINANT & STATE:

      1      REESHMA C.
             AGED 35 YEARS
             D/O. MALLIKA, CHARTA HOUSE, P.O KAKKAD,
             KANNUR -670 005

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

      3      THE STATION HOUSE OFFICER,
             KANNUR VANITHA POLICE STATION, KANNUR -670 001.

             R1 BY ADV. C.H.ABDUL RASAC
             P.P.SRI.K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2424 OF 2021(C)

                                   2

                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No.2424 of 2021
              ---------------------------------------
             Dated this the 14th day of May, 2021


                               ORDER

The petitioner is the accused in C.C.No.125/2021 of

Judicial First Class Magistrate Court-I, Kannur. It is a

prosecution initiated against the petitioner alleging offences

punishable under Sections 498A, 323 and 506(i) of the IPC.

2. When this matter came up for consideration, the

learned counsel for the petitioner submitted that the entire

disputes between the petitioner and the defacto complainant

are settled out of court. A counsel also appeared for the 1st

respondent. The counsel submitted that the matter is settled.

The Public Prosecutor also submitted that the settlement

report is genuine. In such circumstances, I think this Crl.M.C.

can be allowed.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the Crl.MC.No.2424 OF 2021(C)

affidavit filed by the respondent No. 1 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.125/2021 of Judicial First Class Magistrate Court-I,

Kannur are quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2424 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE 1 CERTFIED COPY OF THE FINAL REPORT IN CRIME NO. 21/2021 OF VANITHA POLICE STATION.

ANNEXURE 2 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT.