Vivek,S/O.Sasidharan, Aged 29 vs State Of Kerala
2022 Latest Caselaw 7686 Ker

Crl.MC No.3622 of 2022

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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
           TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                            CRL.MC NO. 3622 OF 2022
                  (CRIME NO.269/2022 PERAMBRA POLICE STATION)
PETITIONER/S:

               VIVEK,S/O.SASIDHARAN, AGED 29
               AGED 29 YEARS
               RESIDING AT SASIKALA HOUSE, CHENOLI, P.O. PERAMBRA VIA,
               KOYILANDY TALUK, KOZHIKODE DISTRICT-673525, PIN - 673525
               BY ADVS.
               B.KRISHNA MANI
               DHANUJA M.S


RESPONDENT/S:

      1        STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               AT ERNAKULAM-682031, PIN - 682031
      2        SUB INSPECTOR OF POLICE,
               PREMBRA POLICE STATION, PERAMBRA, KOZHIKODE DISTRICT-
               673525, PIN - 673525
      3        XXX
               XXX, PIN - 673525
               BY ADV PUBLIC PROSECUTOR


OTHER PRESENT:

               PP SMT.T.V NEEMA


      THIS    CRIMINAL   MISC.    CASE   HAVING   COME   UP   FOR   ADMISSION   ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC No.3622 of 2022

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                        BECHU KURIAN THOMAS, J.
                  ========================
                          Crl.MC No.3622 of 2022
                  ------------------------------------------------
                          Dated this the 28th day of June, 2022

                                       ORDER

Petitioner is the accused in Crime No.269/2022 before the

Perambra Police Station. The offences alleged against the petitioner

are under Section 323 of the Indian Penal Code, 1860 and Section

75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

2. According to the prosecution, the petitioner, who is a

teacher assaulted the minor child by slapping on the shoulder of the

child and thereby committed the offences alleged.

3. Sri.Krishna Mani, learned Counsel for the petitioner

submitted that the dispute between the petitioner and the defacto

complainant has been settled, which is evident from Annexure II

affidavit filed by the father of the defacto complainant.

4. Smt.T.V.Neema, the learned Public Prosecutor submitted

that the genuiness of the affidavit has been verified and that father

of the defacto complainant still stands with the said affidavit.

5. In view of the aforesaid circumstances and also in view

of the judgment in Gian Singh v. State of Punjab and Another Crl.MC No.3622 of 2022

(2012 (10) SCC 303), the offence alleged against the petitioner

having been settled between the petitioner and the father of the

defacto complainant, I find no reason to continue the prosecution.

Accordingly, I quash all further proceedings in Annexure-I FIR

in Crime No.269/2022 before the Perambra Police Station

The Crl.MC is allowed as above.

sd/

BECHU KURIAN THOMAS JUDGE jm/