Nithil vs State Of Kerala
2021 Latest Caselaw 21722 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MRS. JUSTICE M.R.ANITHA
   TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                     CRL.MC NO. 4471 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 566/2019 OF JUDICIAL MAGISTRATE
              OF FIRST CLASS -II, KOCHI, ERNAKULAM
PETITIONERS/ACCUSED NO.1 & 2:

    1     NITHIL,AGED 30 YEARS
          S/O FRANCIS, IKYANATT HOUSE, PAMBAIMOOLA, EDAKOCHI,
          ERNAKULAM DISTRICT.

    2     VINEY FRANCIS,
          AGED 58 YEARS
          W/O FRANCIS,IKYANATT HOUSE, PAMBAIMOOLA, EDAKOCHI,
          ERNAKULAM DISTRICT.

          BY ADVS.
          JOSE JOSEPH (MANNAR)
          TISSY ROSE K CHERIYAN
          ROYCE CHIRAYIL
          BOBAN T.THECKEL


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1     STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA REPRESENTING THE SUB INSPECTOR OF
          POLICE, PALLURUTHY POLICE STATION,
          ERNAKULAM DISTRICT , 682006


    2     ANN MARY ELIZEBETH,
          AGED 22 YEARS
          D/O.M.J.BENNY, MANIYAMAKKAL HOUSE, PALLURUTHY VELI,
          PALLURUTHY, KOCHI,
          PALLURUTHY KASABA, ERNAKULAM DISTRICT-682006.

          BY ADV P.F.ROSY

          PP.SRI.SANGEETHARAJ.N.R


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                   -2-

CRL.MC NO. 4471 OF 2021




                               ORDER

This Crl.M.C. has been filed seeking to quash all further

proceedings in C.C No. 566/2019 on the files of Judicial First Class

Magistrate Court II, Kochi, which arose out of crime No. 588/2019

of Palluruthy Kasaba police station, which has been registered for

the offences punishable under Sections 498(A), 294(b) r/w 34 IPC.

2. Adv. P.F. Rosy appeared on behalf of the defacto

complainant and reports about the settlement arrived at between

the defacto complainant and the petitioners.

3. The learned Public Prosecutor filed a report along with

the copy of the statement of the defacto complainant.

4. Annexure A3 is the affidavit duly sworn in by the defacto

complainant.

5. It has come out from the affidavit as well as the

statement given to the SHO that the entire matrimonial issues

between the petitioners and the defacto complainant have been

amicably settled out of court. The defacto complainant is not

interested in prosecuting the case further against the petitioners in

the above crime. Hence the continuation of the proceedings against

CRL.MC NO. 4471 OF 2021

the petitioners will not serve any useful purpose and it will be an

abuse of process of court. So, I do not find any impediment in

quashing the further proceedings against the petitioners in the

above crime.

In the result, this Crl.M.C. stands allowed and all further

proceedings against the petitioners in C.C. No. 566/2019 on the

file of the Judicial First Class Magistrate Court II, Kochi in crime No

588 of 2019 of Palluruthy Kasaba police station, is hereby quashed.

Sd/-

M.R.ANITHA JUDGE hmh

CRL.MC NO. 4471 OF 2021

APPENDIX OF CRL.MC 4471/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.110/2019 OF PALLURUTHY KASABA POLICE

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.110/2019 OF PALLURUTHY KASABA POLICE

Annexure A3 THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENT ANNEXURE        NIL