Sarala Prasad vs State Of Kerala
2022 Latest Caselaw 3059 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

             THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943

                                CRL.MC NO. 6427 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CP 82/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                                      ,THIRUVALLA

PETITIONER/ACCUSED:

             SARALA PRASAD
             AGED 63 YEARS
             W/O PRASAD, PAZHOOR PUTHUPARAMBIL HOUSE,
             THUKAKALASSERI MURI,
             THIRUVALLA VILLAGE,
             THIRUVALLA, PATHANAMTHITTA DISTRICT.
             BY ADVS.
             T.P.PRADEEP
             R.K.PRASANTH
             MINIKUMARY M.V.


RESPONDENT/TATE & DE FACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.
     2       REENA PRADEEP
             AGED 34 YEARS
             W/O.PRADEEP, THADATHIL THEKKEKUTTU HOUSE,
             THUKALASSERI MURI, THIRUVALLA VILLAGE, THIRUVALLA,
             PATHANAMTHITTA DISTRICT-689101.
             BY ADV UNNI. K.K. (EZHUMATTOOR)


OTHER PRESENT:

             SR.PP - SRI. HRITHWIK C.S.



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M. C. NO. 6427 OF 2021
                                         2




                                   ORDER

The sole accused in C.P. No. 82 of 2021 on the file of the

Judicial First Class Magistrate's Court, Thiruvalla has moved

this Court under Section 482 of the Cr.P.C. for quashing the

proceedings on the ground of settlement reached with the 2 nd

respondent, the de facto complainant. That crime was

registered on 26.03.2016 alleging offence punishable under

Sections 323 and 326A of the IPC.

2. The allegation is that on 20.03.2016 at 18.45 hours at

the kitchen of building No. XX/15 at Thukalassery, the accused

had poured hot tea on the body of the de facto complainant and

caused her to sustain burn injuries. The matter is settled and

therefore entire proceedings are sought to be quashed.

3. I heard the learned counsel for the petitioner, the

learned Senior Public Prosecutor, and also the learned counsel

for the 2nd respondent.

4. The de facto complainant is none other than the

daughter-in-law of the petitioner, the accused. Annexure C

affidavit also indicates that the matter is settled and both of Crl. M. C. NO. 6427 OF 2021

them are living peacefully in the same house and she does not

want to pursue the proceedings.

5. Considering the close relationship between the

petitioner and the 2nd respondent and since no public interest is

involved, entire proceedings in C.P. No. 82 of 2021 on the file

of the Judicial First Class Magistrate's Court, Thiruvalla are

quashed and the petitioner shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/17/03/2022

APPENDIX OF CRL.MC 6427/2021

PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVALLA, PATHANAMTHITTA DISTRICT IN C.P.82/2021. Annexure B A TRUE COPY OF THE CASE DETAILS OF C.P.NO.82/21, DOWNLOADED FROM OFFICIAL E.COURT SITE Annexure C TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT.

TRUE COPY

P.A.TO JUDGE