Vipin vs State Of Kerala
2021 Latest Caselaw 23136 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                      CRL.MC NO. 5181 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 341/2018 OF JUDICIAL MAGISTRATE
              OF FIRST CLASS -I MUVATUPUZHA, ERNAKULAM
PETITIONER/ACCUSED:

            VIPIN
            AGED 36 YEARS
            S/O. VIJAYAN, PAYYANATHOTTATHIL HOUSE,
            MEKKADAMBU KARA, VALAKOM VILLAGE,
            ANCHUKAVALA BHAGOM, MUVATTUPUZHA,
            ERNAKULAM DISTRICT.
            BY ADV BIJU .C. ABRAHAM


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM 682 031

    2       MAYADEVI
            AGED 53 YEARS
            X

            BY ADV RAJESH CHAKYAT

            PP SANGEETHARAJ,N.R

        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5181 OF 2021
                               -2-




                             ORDER

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

proceedings against the petitioner in C.C.No.341/2018 on the file

of the Judicial First Class Magistrate Court, Muvattupuzha, which

arose out of crime No.2184/2017 of Muvattupuzha police station

registered for the offence punishable under Sections 451 and 354

of the Indian Penal Code. Petitioner is the sole accused in the

above crime.

2. Petitioner amicably settled the entire issues with

defacto complainant. Annexure A1 is the copy of the FIR.

Annexure A2 is the copy of the final report. Annexure A3 is the

affidavit duly sworn in by the defacto complainant.

3. Adv.Rajesh Chakyat appeared on behalf of the defacto

complainant and reports about the settlement arrived at between

the parties.

4. The learned Public Prosecutor produced copy of the

report of the SHO, Muvattupuzha police station along with signed

statement of the defacto complainant.

5 It has come out from the affidavit sworn in by the

defacto complainant as well as the statement given by the

defacto complainant to the SHO that the entire issues between CRL.M.C.NO.5181 OF 2021

the parties have been amicably settled out of court with the

intervention of the mediators and family members and she is not

intending to prosecute the matter further against the petitioner.

6. The entire issues between the parties are purely

private in nature. No public interest is involved. Since the parties

have amicably settled the matter out of court, continuance of the

proceedings against the petitioner would be an abuse of process

of court.

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

proceedings in C.C.No.341/2018 on the file of the Judicial First

Class Magistrate Court, Muvattupuzha, which arose out of crime

No.2184/2017 of Muvattupuzha police station, is hereby quashed.

Sd/-

M.R.ANITHA JUDGE nkr/24.11.2021 CRL.M.C.NO.5181 OF 2021

APPENDIX OF CRL.MC 5181/2021

PETITIONER ANNEXURE

Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 2184/2017 OF MUVATTUPUZHA POLICE STATION DATED 30-10-2017

Annexure A3 AFFIDAVIT DATED 28-08-2021 SWORN BY THE 2ND RESPONDENT.