Kerala High Court
Baburaj K.P vs State Of Kerala on 26 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945
CRL.MC NO. 9645 OF 2023
CRIME NO.279/2023 OF Chevayur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CC 641/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,KOZHIKODE
PETITIONER:
BABURAJ K.P
AGED 56 YEARS
S/O KARUNAKARAN, SWETHA PATHMAM HOUSE, VETTAYATTUMMEL,
VENGERI P.O, KOZHIKODE DISTRICT., PIN - 673010.
BY ADVS.
ADITHYA RAJEEV
S.PARVATHI.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI, PIN - 682031.
2 LILA SANDHYA
AGED 52 YEARS
D/O VIJAYAKUMAR, VETTAYATTUMMALU HOUSE, NETHAJI
PROVIDENCE COLLEGE ROAD, VENGERI P.O, KARAPARAMBU,
KOZHIKODE DISTRICT., PIN - 673010.
OTHER PRESENT:
SMT. SEENA C, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9645 OF 2023 2
ORDER
(Dated this the 26th day of December, 2023)
Petitioners are the accused in Crime No.279 of
2023 registered at the Chevayoor Police Station for
offences punishable under Section 498-A and 406 of the
Indian Penal Code now pending as C.C.No.641 /2023 on
the files of the Judicial First Class Magistrate Court-1,
Kozhikode. The de facto complainant, at whose instance
the crime was registered is arrayed as the 2 nd
respondent. Annexure-IV affidavit has been filed by the
2nd respondent stating that the disputes have been
amicably settled at the intervention of friends and
relatives. The incident, based on which Annexure II
Report has been filed, had taken place due to a
misunderstanding. The deponent has no objection in
quashing the criminal proceedings initiated against the
petitioners.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioners have no
criminal antecedents. A statement of the 2 nd respondent
is also recorded by the station house officer and in which
she reiterated that the issues are settled.
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having perused
the affidavit filed by the petitioners, the contents of
which are submitted to be true and voluntary, I am
satisfied that the dispute is settled and that no public
interest is involved in this matter. Moreover, in
view of the settlement, possibility of the criminal
proceedings ending in conviction is remote. As
such, continuance of the proceedings will
amount to an abuse of process of court and
hence, in view of the legal position set out by
the Honourable Supreme Court in Madan Mohan
Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian
Singh v. State of Punjab and another [(2012) 10 SCC
303], there is no impediment in granting the relief
sought.
In the result, this Crl.M.C is allowed and
Annexure-I FIR, Annexure- II Final Report and all
further proceedings in C.C.No.641/2023 on the files of
the Judicial First Class Magistrate Court-1, Kozhikode,
are quashed.
Sd/-
BASANT BALAJI,
JUDGE
SRJ
PETITIONER ANNEXURES
Annexure-I A TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 11-04-2023 IN CRIME NO.279 OF 2023 OF
THE CHEVAYOOR POLICE STATION, KOZHIKODE
Annexure-II CERTIFIED COPY OF THE FINAL REPORT DATED 12-
05-2023 IN CRIME NO.279 OF 2023 OF THE
CHEVAYOOR POLICE STATION, KOZHIKODE
Annexure-III A TRUE COPY OF THE MEMORANDUM OF EVIDENCE IN
CRIME NO.279 OF 2023 OF THE CHEVAYOOR POLICE
STATION, KOZHIKODE
Annexure-IV AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
06-11-2023
