Kerala High Court
Shejina vs State Of Kerala on 21 December, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
CRL.MC NO. 10127 OF 2023
CRIME NO.54/2019 OF VANITHA POLICE STATION, ALAPPUZHA, Alappuzha
AGAINST THE ORDER/JUDGMENT CC 1097/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,AMBALAPUZHA
PETITIONER/ACCUSED:
SHEJINA AGED 42 YEARS W/O BAIJUMON, PALLICHIRA M.T
WARD, AVALUKUNNU (PO), ALAPUZHA DISTRICT, PIN - 688006
BY ADVS. B.BIPIN ARUN BOSE
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER VANITHA POLICE STATION,
ALAPUZHA,ALAPPUZHA DISTRICT, PIN - 688012
3 KOMALAM AGED 69 YEARS W/O RAJAPPAN, RAJAPURAM
VEEDU, KANNANKARA (PO), THANEERMUKKOM, CHERTHALA
TALUK, ALAPUZHA DISTRICT, PIN - 688527
SRI NOUSHAD K.A. (SR PP)
SRI.V.M.JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. NO.10127 OF 2023
2
ORDER
Petitioner is the sole accused in Crime No.54 of
2019 of Vanitha Police Station, Alappuzha District, now
pending as C.C.No.1097 of 2019 on the file of the Judicial
First Class Magistrate Court, Ambalapuzha. The petitioner
faces allegations of having committed the offence
punishable under Sections 451, 294(b) and 323 of the
Indian Penal Code.
2. The learned counsel appearing for the petitioner
would submit that all issues between the petitioner and the
3rd respondent have been settled. It is submitted that the
allegation against the petitioner is that the petitioner
trespassed into the house of the 3 rd respondent and abused
her using filthy language, slapped on her face and pushed
her down. The learned counsel would submit that all issues
between the petitioner and the 3rd respondent have been
settled and they do not wish to continue with the
prosecution in any manner.
Crl.M.C. NO.10127 OF 2023
3. The learned Public Prosecutor and the learned
counsel appearing for the 3rd respondent would confirm
that all issues between the petitioner and the 3 rd
respondent have been settled and they do not wish to
continue with the prosecution in any manner.
4. Having heard the learned counsel for the
petitioner, the learned Public Prosecutor and the learned
counsel for the 3rd respondent, I am of the view that the
proceedings against the petitioner can be terminated in
exercise of the jurisdiction vested in this Court under
Section 482 of Cr.P.C. No public interest will be served by
continuing with the proceedings against the petitioner. The
nature of the offences does not compel me to hold that the
proceedings cannot be quashed on the ground of
settlement. Keeping the principles laid down by the
Supreme Court in Gian Singh v. State of Punjab and
Another; [(2012) 10 SCC 303)], and State of Madhya
Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC
688], I am of the view that considering the nature of the
Crl.M.C. NO.10127 OF 2023
offences alleged against the petitioner the proceedings can
be quashed on the basis of settlement.
Accordingly, this Crl.M.C is allowed and all further
proceedings in Crime No.54 of 2019 of Vanitha Police
Station, Alappuzha District, now pending as C.C.No.1097 of
2019 on the file of the Judicial First Class Magistrate Court,
Ambalapuzha, will stand quashed as against the petitioner.
Sd/-
GOPINATH P.
JUDGE
SSK/21/12
Crl.M.C. NO.10127 OF 2023
APPENDIX OF CRL.MC 10127/2023
PETITIONER ANNEXURES
Annexure-A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 54/2019 OF
THE VANITHA POLICE STATION, ALAPUZHA. ALAPUZHA
DISTRICT.
Annexure-A2 CERTIFIED COPY OF THE C.C.NO. 1097/2019 ON THE
FILES OF THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, AMABALAPUZHA.
Annexure-A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO
COMPLAINANT DATED 02.11.2023.
