Rajesh vs State Of Kerala
2023 Latest Caselaw 11422 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                        CRL.MC NO. 7786 OF 2023
  CRIME NO.513/2020 OF MEDICAL COLLEGE POLICE STATION, Thrissur
AGAINST THE ORDER/JUDGMENT CC 3140/2020 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS, VADAKKANCHERRY
PETITIONER/ACCUSED:

    1     RAJESH, AGED 33 YEARS, VALIYAVEETTUPADIKKAL HOUSE,
          PARAPPARA DESAM, THANGALOOR VILLAGE, MEDICAL COLLEGE
          PS, THANGALOOR PO.,THRISSUR, PIN - 680596
    2     AJITHA, AGED 54 YEARS, W/O. RAVI, VALIYAVEETTUPADIKKAL
          HOUSE, PARAPPARA DESAM, THANGALOOR VILLAGE, MEDICAL
          COLLEGE PS THANGALOOR PO., THRISSUR, PIN - 680596
          BY ADVS.
          C.A.ANOOP
          R.KRISHNA


RESPONDENT/COMPLAINANT/STATE:

    1     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
          COURT OF KERALA, PIN - 682031
    2     STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION,
          THRISSUR, PIN - 680581
    3     ATHIRA, AGED 24 YEARS, D/O. KALLAYIL KANNAN,
          MUNDATHIKOD VILLAGE, THALAPPILLY TALUK, MUNDATHIKOD
          WEST PO., THRISSUR, PIN - 680623



          SRI G. SUDHEER (PP)
          SMT.VANESHA VISWAMBARAN



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7786 OF 2023            2



                                 ORDER

Petitioners are the accused in Crime No.513/2020 of

Medical College police station, Thrissur, which is now pending as

C.C. No.3140/2020 on the file of the Judicial First Class

Magistrate Court, Vadakkancherry, alleging commission of

offences punishable under Sections 498A and 506(1) of the

Indian Penal Code.

2. Learned counsel appearing for the petitioners would

submit that the entire issues between the petitioners and the 3 rd

respondent (the de facto complainant) have been settled.

Learned counsel appearing for the petitioners also refers to

Annexure-3 affidavit executed by the 3 rd respondent to establish

that the entire issues between the petitioners and the 3 rd

respondent have been settled and the 3 rd respondent does not

intend to continue with the proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 3rd respondent affirms that the entire disputes

between the petitioners and the 3 rd respondent have been settled

and that the 3rd 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 3rd 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.3140/2020 on the file of the Judicial First

Class Magistrate Court, Vadakkancherry (arising out of Crime

No.513/2020 of Medical College police station, Thrissur) will

stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 7786/2023

PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.

513/2020 DATED 02/07/2020 Annexure2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 30/09/2020 IN CRIME NO. 513/2020.

Annexure3 THE TRUE COPY OF THE COMPROMISE AFFIDAVIT GIVEN BY THE 3RD RESPONDENT