Mahesh vs State Of Kerala
2021 Latest Caselaw 19672 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MRS. JUSTICE M.R.ANITHA
   FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                       CRL.MC NO. 3428 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 490/2016 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS ,ALATHUR, PALAKKAD


PETITIONER/S:

    1     MAHESH
          AGED 30 YEARS
          S/O RAMAKRISHNAN,
          ELAKODU HOUSE,
          PANTHAPARAMBU,
          MUDAPALLUR, PALAKKAD.

    2     MUKESH
          AGED 27 YEARS,
          S/O RAMAKRISHNAN,
          ELAKODU HOUSE, PANTHAPARAMBU,
          MUDAPALLUR, PALAKKAD.

    3     KAMALAM
          AGED 53 YEARS,
          W/O RAMAKRISHNAN,
          ELAKODU HOUSE, PANTHAPARAMBU,
          MUDAPALLUR, PALAKKAD.

    4     RAMAKRISHNAN
          AGED 57 YEARS,
          S/O KANDAN,
          ELAKODU HOUSE, PANTHAPARAMBU.
          MUDAPALLUR,PALAKKAD.

          BY ADV M.VIVEK
 CRL.MC NO. 3428 OF 2021
                            2



RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM-682031.

    2    SREELAKSHMI
         AGED 25 YEARS
         W/O MAHESH,
         PLAKKAL HOUSE, MANALOOR,
         ALATHUR, PALAKKAD DISTRICT,
         PIN-678683.

         BY ADV M.R.MADHU


         BY SMT. C.SEENA, PUBLIC PROSECUTOR




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRL.MC NO. 3428 OF 2021
                                    3

                                 ORDER

This Crl.M.C. has been filed by the accused persons in Crime

No. 132/2016 of Alathur Police Station, which has been registered

under Section 498A r/w Section 34 of the IPC.

2. The allegation against the petitioners is that the 1 st petitioner

married the defacto complainant on 15.05.2015 and thereafter

petitioners subjected the defacto complainant to physical and mental

torture, thereby the complaint has been filed.

3. Now the parties have settled the issues out of Court and

affidavit sworn in by the defacto complainant has been produced as

Annexure-B, before this Court.

4. The learned Public Prosecutor on instructions submitted that

statement of the defacto complainant has been taken and she has agreed

that the issues between the parties have been amicably settled. In the

affidavit filed by the defacto complainant, it is categorically stated that

she has no objection in quashing the proceedings against the petitioner

and the matter has been compromised.

CRL.MC NO. 3428 OF 2021

5. In the said circumstances, I do not find any purpose in

continuing the proceedings against the petitioner in C.C. No. 490/2016.

It has came out that the issues between the parties are amicably settled

and there is no public interest involved. As per the law set out in

Manoj Sharma v. State and Others [(2008) 16 SCC 1] and Gian

Singh v. State of Punjab and Another [(2012) 10 SCC 303], this

Court can very well exercise the jurisdiction vested under Section 482

of Cr.P.C to quash the proceedings pending against the petitioners since

the matrimonial issues between the parties have been amicably settled.

6. In the result, the Crl.M.C. is allowed. All further proceedings

pending against the petitioners in C.C. No. 490/2016 on the files of

Judicial First Class Magistrate Court, Alathur are hereby quashed.

Sd/-

M.R.ANITHA JUDGE avs CRL.MC NO. 3428 OF 2021

APPENDIX OF CRL.MC 3428/2021

PETITIONER ANNEXURE

Annexure A CERTIFIED COPY OF FINAL REPORT IN CRIME NO.132 OF 2016 OF ALATHUR POLICE STATION, PALAKKAD.

Annexure B AFFIDAVIT DATED 22.07.2021 SWORN BY THE 2ND RESPONDENT.