Anudas vs State Of Kerala
2021 Latest Caselaw 21237 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MRS. JUSTICE M.R.ANITHA
    THURSDAY, THE 21ST DAY OF OCTOBER 2021 / 29TH ASWINA, 1943
                       CRL.MC NO. 3484 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CC 326/2019 OF JMFC, KALAMASSERY
  (TEMPORARY), ERNAKULAM IN CRIME NO. 818 OF 2018 OF KALAMASSERY
                           POLICE STATION.
PETITIONER:

          ANUDAS
          AGED 37 YEARS
          S/O SIVADASAN PILLAI, AGED 37 YEARS, C III, HIGHWAY
          CASTLE APARTMENT, CHANGAMPUZHA NAGAR, COCHIN- 682 033

          BY ADV JITHIN SAJI ISAAC



RESPONDENTS:

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

    2     SAMEERA ABEES
          W/O ABEES, AGED 41 YEARS, E2, HIGHWAY CASTLE
          CHANGAMPUZHA NAGAR, COCHIN, PIN- 682 033

          BY ADVS.
          V.K.SIDHIQUE
          SAJITHA SIDHIK




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO. 3484 OF 2021
                                           2

                                       ORDER

The petitioner is the 2nd accused in Crime No. 818/2018 of

Kalamassery Police Station in C.C. No. 326/2019 pending on the file

of Judicial First Class Magistrate Court, Kalamasserry.

2. It is alleged that on 03.05.2018 at about 1.30 p.m., the 1 st

accused restrained the defacto complainant with an intention to

outrage her modesty and also pushed her down hurled abuses on her

and the 2nd accused intimidated her on the road infront of Highway

Castle Flat where the defacto complainant is residing and thereby

accused alleged to have committed the offence punishable under

Sections 341, 354, 294(b), 506(1) of IPC.

3. Adv. V.K.Sidhique appeared on behalf of the defacto

complainant. The entire issues between the petitioner/2nd accused and

the defacto complainant has been amicably settled. Annexure A is the

certified copy of the final report and Annexure B is the affidavit sworn

in by the 3rd respondent stating about the settlement arrived at between

the parties. She has no objection in quashing the proceedings in C.C.

No. 326/2019 as against the petitioners/2nd accused.

4. The learned Public Prosecutor produced report of the the

Sub Inspector of Police, Kalamassery Police Station along with the copy

of the statement of the defacto complainant. The statement given to the Crl.M.C. NO. 3484 OF 2021

Station House Officer by the defacto complainant would reveal that the

entire issues between the petitioner and the defacto complainant have

been amicably settled out of court and there are no grievance subsisting

against the petitioner.

5. The issues between the petitioner/2nd accused and the

defacto complainant are purely private in nature and no public interest is

involved. Since the entire issues between the petitioner/2nd accused and

defacto complainant have duly settled out of court, the continuation of

proceedings against the petitioner/2nd accused will be an abuse of

process of court. In the circumstances, Crime No. 818/2018 of

Kalamasserry Police Station in Ernakulam District now pending as C.C.

No. 326/2019 on the file of Judicial First Class Magistrate Court,

Kalamasserry as against the petitioner/2nd accused is here by quashed.

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

SD/-

M.R.ANITHA JUDGE rps/ Crl.M.C. NO. 3484 OF 2021

APPENDIX OF CRL.MC 3484/2021 PETITIONER ANNEXURE

Annexure A ACCUSED COPY OF THE FINAL REPORT IN CRIME NO.818 OF 2018 OF KALAMASSERY POLICE STATION SUBMITTED TO THE JUDICIAL 1ST CLASS MAGISTRATE COURT, KALAMASSERY

Annexure B COPY OF THE AFFIDAVIT OF DEFACTO COMPLAINANT

//TRUE COPY// PA TO JUDGE