Kerala High Court
Praseed vs State Of Kerala on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
CRL.MC NO. 3487 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 58/2021 OF CHIEF JUDICIAL MAGISTRATE COURT,
THRISSUR
CRIME NO.104/2021 OF THRISSUR TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED:
PRASEED K.,
AGED 37 YEARS
S/O RAVI PRASAD, CHAITHRAM, KOTTILIL LANE, AYYANTHOLE VILLAGE,
KANATTUKARA DESOM, THRISSUR TALUK, THRISSUR DISTRICT- 680003
BY ADV RAJIT
RESPONDENTS/STATE/DEFACTO COMPLAINANT/VICTIM:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
ERNAKULAM 682 031
2 VINEETHA
AGED 30 YEARS
D/O NANDAKUMAR, KUYILATH HOUSE, THALAKOTTUKARA DESOM,
CHIRANELLOOR, THALAPILLY TALUK, THRISSUR DISTRICT 680 683
BY ADV V.V.JOY
OTHER PRESENT:
PP .SEENA.C
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No.3487 OF 2021
2
ORDER
Dated this the 13th day of September,2021
Petitioner is the accused in C.C.No.58/2021 on the file of
the Chief Judicial Magistrate Court, Thrissur arising out of crime
No.104/2021 of Thrissur Town East Police Station, which is
registered under Sections 323 and 498(A) IPC. This Crl.M.C. has
been filed seeking to quash the entire proceedings in
C.C.No.58/2021.
2. The second respondent is the defacto complainant who
is the wife of the petitioner. Learned counsel for the defacto
complainant would submit that the matrimonial issues between
the petitioner and the defacto complainant have been amicably
settled and they are now living together and the defacto
complainant is not interested in prosecuting the case against the
petitioner. The defacto complainant had sworn in an affidavit -
Annexure -B stating about the settlement.
3. The learned Public Prosecutor on instruction submitted
about the settlement arrived at between the parties.
4. In Gian Singh v. State of Punjab and Another
(2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench
Crl.M.C.No.3487 OF 2021
of the Hon'ble Supreme Court while dealing with Section 482 of
the Code of Criminal Procedure, 1973 has held that criminal
cases having civil flavour and arising from criminal financial
merchantile, civil, partnership, matrimony relating to dowry or
family disputes where wrong is private or personal in nature can
be quashed in view of the settlement between the parties.
5. The affidavit sworn in by the defacto complainant
would specifically state that she had no further grievance and
has no objection in quashing the entire proceedings in
C.C.No.58/2021. No public interest is involved and the issue is
purely private in nature. So there is no impediment in quashing
the proceedings against the petitioner and further continuance
of the proceedings against the petitioner also will be an abuse of
process of law. Therefore, I am of the view that it is only just and
proper to quash the entire proceedings in C.C.No.58/2021 on
the file of the Chief Judicial Magistrate Court, Thrissur arising
out of crime No.104/2021 of Thrissur Town East Police Station. It
is ordered accordingly.
Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
shg JUDGE
Crl.M.C.No.3487 OF 2021
APPENDIX OF CRL.MC 3487/2021
PETITIONER ANNEXURE
Annexure A A TRUE COPY OF THE FINAL REPORT IN C.C.NO.58/2021 OF
THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR,
ARISING FROM CRIME NO.104/2021 OF THRISSUR TOWN EAST
POLICE STATION, THRISSUR DISTRICT
Annexure B A TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT EVIDENCIING THE FACT OF SETTLEMENT
