Prasad T. Koshy vs State Of Kerala
2023 Latest Caselaw 11435 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. 9034 OF 2023
     CRIME NO.465/2021 OF Edakkara Police Station, Malappuram
 AGAINST THE ORDER/JUDGMENT CC 840/2021 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS ,NILAMBUR
PETITIONER/ACCUSED:

    1     PRASAD T. KOSHY
          AGED 30 YEARS
          S/O T.K. KOSHY, THONDAPPURATH VEEDU, KOVOOR,
          MYNAGAPPALLY VILLAGE, ARINALLUR POST, KUNNATHUR TALUK,
          KOLLAM DISTRICT,, PIN - 690538
    2     MARIYAM GEORGE
          AGED 62 YEARS
          W/O T.K.KOSHY THONDAPPURATH VEEDU, KOVOOR, MYNAGAPPALLY
          VILLAGE, ARINALLUR POST, KUNNATHUR TALUK, KOLLAM
          DISTRICT, PIN - 690538
          BY ADVS.
          SUBAL J.PAUL
          JOICEE BIJI JOSEPH


RESPONDENT/STATE/COMPLAINANT/DE FACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
    2     SI OF POLLCE
          , EDAKKARA POLICE STATION,MALAPPURAM, PIN - 679331
    3     JOSHNA ANNA JOHNSON
          AGED 27 YEARS
          D/O JOHNSON CHACKO, CHARUVILA PUTHENVEED, EDAKKARA
          VILLAGE, NILAMBUR TALUK, MALAPPURAM,, PIN - 679331



          SRI G. SUDHEER (PP)
          SRI.K.RAKESH


     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. 9034 OF 2023              2



                                 ORDER

Petitioners are the accused in Crime No.465/2021 of

Edakkara police station, Malappuram district, which is now

pending as C.C. No.840/2021 on the file of the Judicial First

Class Magistrate Court, Nilambur, alleging commission of

offences punishable under Sections 406 and 498A of the Indian

Penal Code.

2. The first petitioner is the husband of the 3 rd respondent.

The 2nd petitioner is the mother of the 1st petitioner. Learned

counsel appearing for the petitioners would submit that the

entire issues between the petitioners and the 3rd respondent (the

de facto complainant) have been settled. Learned counsel

appearing for the petitioners also refers to Annexure-A4 affidavit

executed by the 3rd respondent to establish that the entire issues

between the petitioners and the 3 rd respondent have been

settled and the 3rd 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 3rd 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. 840/2021 on the file of the Judicial First

Class Magistrate Court, Nilambur (arising out of Crime

No.465/2021 of Edakkara police station) will stand quashed as

against the petitioners.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 9034/2023

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR NO 465/2021 EDAKKARA POLICE STATION DATED 14/11/2021 Annexure A2 THE TRUE COPY OF FINAL REPORT IN FIR NO 465/2021 EDAKKARA POLICE STATION DATED 25/11/2021 Annexure A3 THE TRUE COPY OF MEDIATION REPORT IN MAT APPEAL NO 462/2023 OF THIS HON'BLE COURT DATED 16.10.2023 Annexure A4 THE TRUE COPY OF AFFIDAVIT FILE BY 3RD RESPONDENT DATED 16.10.2023