Albijin vs State Of Kerala
2021 Latest Caselaw 22870 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                      THE HONOURABLE MRS. JUSTICE M.R.ANITHA

         TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943

                              CRL.MC NO. 452 OF 2021

 AGAINST THE ORDER/JUDGMENT IN CC 1406/2018 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS -I, KAYAMKULAM

PETITIONER/ACCUSED:

             ALBIJIN
             AGED 30 YEARS
             S/O. BADARKUTTY, BISMI MANZIL, KAPPIL EAST, KRISHNAPURAM P.O.,
             ALAPPUZHA DISTRICT-690533.
             BY ADVS.
             R.RAJESH (VARKALA)
             SRI.M.KIRANLAL
             SRI.MANU RAMACHANDRAN
             SRI.T.S.SARATH
             SHRI.SAMEER M NAIR


RESPONDENTS/DEFACTO COMPLAINANT/STATE:

     1       STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, COCHIN-682031.
     2       THE STATION HOUSE OFFICER,
             KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT-695502.
     3       FATHIMA,
             AGED 22 YEARS, D/O. MUHAMMED SHAFI, FATHIMA MANZIL, KADAKKAL
             P.O., KADAKKAL VILLAGE, KOLLAM DISTRICT-691536.
             BY ADVS.
             SRI.BINU GEORGE
             SMT.HEMALATHA


OTHER PRESENT:

             PP RENJITH GEORGE, SR PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2021,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos.452/2021

                                   2




                             ORDER

This Crl.M.C. has been filed seeking to quash the entire

further proceedings in Annexure A1 FIR and Annexure A2 Final

Report in crime No.2017/2017 of Kayamkulam Police Station,

Alappuzha district registered for offence punishable u/s.498-A

r/w.34 IPC, which is now pending as C.C.No.1406/2018 on the

file of the Judicial First Class Magistrate Court-I, Kayamkulam,

Alappuzha.

2. Petitioner is the sole accused in the above crime. Third

respondent is the defacto complainant, who is the wife of the

petitioner herein.

3. It is submitted by the learned counsel for the petitioner

that the issues between the petitioner and third respondent have

been amicably settled.

4. Annexure AI is the copy of FIR in the above crime.

Annexure A2 is the copy of Final Report. Annexure A3 is the

order in O.P.(Money)No.969/2017, Annexure A4 is the copy of

agreement and Annexure A5 is the affidavit duly sworn in by the Crl.M.C.Nos.452/2021

third respondent - defacto complainant stating about the

settlement of the dispute.

5. Adv.Smt. Hemalatha appeared on behalf of the 3 rd

respondent - defacto complainant and reports about the

settlement arrived between the parties.

6. Learned Public Prosecutor produced copy of statement

filed by the Inspector SHO, Kayamkulam Police Station along

with copy of the signed statement of the defacto complainant.

7. It has come out from Annexure A5 affidavit duly sworn

in by the defacto complainant as well as the statement given by

her to the SHO that the parties have settled the matter.

Annexure A4 agreement executed between the parties would

also go to show that they entered into various terms of

settlement and decided to compromise this case also. It is also

reported by the learned counsel for the defacto complainant that

the parties are now living separately.

8. Since the parties have settled the entire matrimonial

issues, there is no impediment in quashing the proceedings

against the petitioner and further continuance of the

proceedings against him will be an abuse of process of law. No Crl.M.C.Nos.452/2021

public interest is involved and the issue is purely personal in

nature. Therefore, I am of the view that it is only just and proper

to quash the entire proceedings in Annexure A1 FIR and

Annexure A2 Final Report in crime No.2017/2017 of

Kayamkulam Police Station, Alappuzha district which is now

pending as C.C.No.1406/2018 on the file of the Judicial First

Class Magistrate Court-I, Kayamkulam, Alappuzha. It is ordered

accordingly.

In the result, Crl.M.C. stands allowed.

Sd/-

                                                    M.R.ANITHA

shg                                                      JUDGE
 Crl.M.C.Nos.452/2021






                       APPENDIX OF CRL.MC 452/2021

PETITIONER ANNEXURE
ANNEXURE A1            A TRUE COPY OF THE FIR IN CRIME NO.2017/2017 OF

KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, DATED 22/08/2017.

ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.2017/2017 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT WHICH NOW PENDING AS CC NO.1406/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM.

ANNEXURE A3 THE TRUE COPY OF THE ORDER IN OP (MONEY) NO.969/2017.

ANNEXURE A4 THE CERTIFIED COPY OF THE COMPROMISE PETITION. ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT.

ANNEXURE A6 THE TRUE COPY OF THE ORDER IN CRL. MC NO.4469/2020 OF THE HON'BLE COURT.