Kerala High Court
Reshma Omanakuttan vs State Of Kerala on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
CRL.MC NO. 1129 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1419/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PATHANAMTHITTA
CRIME NO. 448/2021 OF PATHANAMTHITTA POLICE STATION
PETITIONER/SOLE ACCUSED:
RESHMA OMANAKUTTAN
AGED 29 YEARS, W/O VISHNU K.S,
KULANGARA KIZHAKKETHIL HOUSE, MALLASSERY P.O,
PRAMADOM, KONNI TALUK, PATHANAMTHITTA DISTRICT
FROM KADAKKALETHU VEEDU, PUTHANVEETILPPADI, CHENGANUR
PIN - 689646
BY ADV ANSU VARGHESE
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
PIN - 682031
2 STATION HOUSE OFFICER
VANITHA POLICE STATION,
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN - 691526
3 VIJAYAKUMARI
AGED 37 YEARS
W/O K.S VIVEK, AGED 37 YEARS,
SREE VIHAR, MALLASSERY P.O, PRAMADOM, KONNI TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689646
4 K.K SASIDHARAN
AGED 74 YEARS
S/O KOCHURAMAN PILLAI,
KULANGARA KIZHAKKETHIL HOUSE, MALLASSERY P.O,
PRAMADOM, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689646
BY ADVS.
GOVERNMENT PLEADER
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
SR.PP - SRI. VIPIN NARAYANAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. NO. 1129 OF 2022
2
ORDER
Petitioner is the sole accused in C. C. No. 1419 of 2021
on the file of the Judicial First Class Magistrate's Court-I,
Pathanamthitta which originated from the final report in Crime
No. 448 of 2021 of Pathanamthitta police station.
2. The crime was registered on 31.07.2021 alleging
offence punishable under Sections 294(b), 341, 323 of the IPC.
It is alleged that on 11.03.2021 at 5.30 PM the accused had
abused respondents 3 and 4 who are his sister-in-law and
father-in-law respectively, caught hold of the hair of the 3 rd
respondent and manhandled her by stamping on her abdomen.
Now the matter is settled and the proceedings are sought to be
quashed under Section 482 of the Cr.P.C.
3. I heard the learned counsel for the petitioner and also
the learned Senior Public Prosecutor and the learned counsel
for respondents 3 and 4.
Crl. M. C. NO. 1129 OF 2022
4. All have confirmed the settlement reached between
parties. Moreover, Annexure-A2 and A3 affidavits of the party
respondents 3 and 4 also indicate that the matter is settled;
parties are near relatives. The 3rd respondent did not suffer
serious injuries in the occurrence; no public interest is
involved. Moreover, a connected case also has been settled and
the 3rd respondent, the accused in the said case along with
others have moved separate Criminal Miscellaneous Case for
quashing the proceedings.
5. In the circumstances, entire proceedings in C.C. No.
1419 of 2021 on the file of the Judicial First Class Magistrate's
Court-I, Pathanamthitta are quashed and the petitioner shall
stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/24/02/2022
APPENDIX OF CRL.MC 1129/2022
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.448/2021
OF POLICE STATION OF PATHANAMTHITTA, PATHANAMTHITTA
DISTRICT WHICH IS NOW PENDING AS CC NO. 1419/2021 ON THE
FILES OF JFMC-I, PATHANAMTHITTA
Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 14.02.2022 SWORN BY
THE 3RD RESPONDENT/DE-FACTO COMPLAINANT
Annexure A3 THE ORIGINAL OF THE AFFIDAVITS DATED 14.02.2022 SWORN
BY THE 4TH RESPONDENT/INJURED
TRUE COPY
P.A.TO JUDGE
