Ananthu vs State Of Kerala
2023 Latest Caselaw 12841 Ker

Kerala High Court

Ananthu vs State Of Kerala on 8 December, 2023

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                       CRL.MC NO. 9526 OF 2023
   CRIME NO.287/2023 OF MANNANCHERRY POLICE STATION, Alappuzha
 AGAINST THE ORDER/JUDGMENT CC 232/2023 OF JUDICIAL MAGISTRATE OF
                 FIRST CLASS -II(MOBILE),ALAPPUZHA
PETITIONER/ACCUSED 1, 2 AND 3:

    1     ANANTHU, AGED 26 YEARS
          S/O VENUGOPAL PILLAI, THEKKEKUDATHINKAL, VANDANAM PO,
          ALAPPUZHA DISTRICT., PIN - 688005
    2     LEKHA , AGED 50 YEARS
          W/O VENUGOPAL PILLAI, THEKKEKUDTHINKAL, VANDANAM,
          ALAPPUZHA DISTRICT., PIN - 688005
    3     NEETHU , AGED 24 YEARS
          D/O VENUGOPAL PILLAI, THEKKEKUDATHINKAL, VANDANAM PO,
          ALAPPUZHA DISTRICT., PIN - 688005
          BY ADVS.
          ANOOP KRISHNA
          V.A.PRADEEP KUMAR
          JENNY THANKAM


RESPONDENT/COMPLAINANT:

    1     STATE OF KERALA
          AGED 24 YEARS
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
    2     ANJUMOL, AGED 25 YEARS
          D/O SUDAKARAN, THAITHARA, WARD NO 21, MANNANCHERY
          PANCHAYAT, ALAPPUZHA DISTRICT., PIN - 688538



          SRI G. SUDHEER (PP)
          SRI.G.PRIYADARSAN THAMPI



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 9526 OF 2023               2



                                   ORDER

Petitioners are the accused in Crime No.287/2023 of

Mannancherry police station, Alappuzha district, which is now

pending as C.C. No.232/2023 on the file of the Judicial First

Class Magistrate Court-II(Mobile), Alapuhza, alleging

commission of offence punishable under Section 498A of the

Indian Penal Code.

2. Learned counsel appearing for the petitioners would

submit that the entire issues between the petitioners and the 2nd

respondent (the de facto complainant) have been settled.

Learned counsel appearing for the petitioners also refers to

Annexure-A2 affidavit executed by the 2 nd respondent to

establish that the entire issues between the petitioners and the

2nd respondent have been settled and the 2 nd respondent does not

intend to continue with the proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent affirms that the entire disputes

between the petitioners and the 2nd respondent have been settled

and that the 2nd respondent does not wish to continue with the

proceedings against the petitioners.

4. Having heard the learned counsel appearing for the

petitioners, learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent, I am of the view that this

Crl.M.C. can be allowed on the ground of settlement. There is no

public interest involved in continuing the proceedings against

the petitioners. Therefore, in exercise of the jurisdiction vested

in this Court under Section 482 of the Code of Criminal

Procedure, further proceedings against the petitioners can be

quashed on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further

proceedings in C.C. No.232/2023 on the file of the Judicial First

Class Magistrate Court-II(Mobile), Alappuza (arising out of

Crime No.287/2023 of Mannacherry police station) will stand

quashed as against the petitioners.

Sd/-

GOPINATH P. JUDGE ajt

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR AND CHARGE IN CC NO 232/2023 ON THE FILE OF JFCM 2 ALAPPUZHA Annexure A2 THE TRUE COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT ON 23.09.2023 Annexure A3 THE COPY OF THE MEDIATION REPORT DATED 19.06.2023