Gopalan vs State Of Kerala
2023 Latest Caselaw 11452 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. 5649 OF 2023
        CRIME NO.1392/2017 OF Mannar Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT CC 4643/2017 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I, CHENGANNUR
PETITIONER/S:

            GOPALAN
            AGED 84 YEARS
            S/O.VELAYUDHAN, KOCHUPANAGATTETHU VEEDU, KARAZHMA
            PADINJARU MURI, CHERUKOLE (PO), CHENNITHALA VILLAGE,
            MAVELIKKARA TALUK, ALAPPUZHA DISTRICT., PIN - 690104

            BY ADVS.
            AJITH MURALI
            SWAPNA VIJAYAN
            MOHANAN M.K.



RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM., PIN - 682031

    2       THE STATION HOUSE OFFICER
            MANNAR POLICE STATION, MANNAR P.O, ALAPPUZHA DISTRICT.,
            PIN - 689622

    3       ASHA DEVI
            AGED 48 YEARS
            WO. RAJAN, KOCHUPANAGATTETHU VEETIL, KARAZHMA PADINJARU
            MURI, CHERUKOLE (PO), CHENNITHALA VILLAGE, MAVELIKKARA
            TALUK, ALAPPUZHA DISTRICT., PIN - 690104


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.5649/2023                 -2-

                                   ORDER

The petitioner is the accused in Crime No.1392/2017 of Mannar Police

Station, Alappuzha District which is now pending as C.C.No.4643/2017

before the Judicial First Class Magistrate Court-I, Chengannur. The petitioner

faces prosecution under Sections 294 (b), 506 (i) and 323 of the Indian Penal

Code.

2. When the matter is taken up for consideration today it is the

submission of the learned counsel for the petitioner that all issues between

the petitioner and the 3rd respondent (de facto complainant) have been

settled. He also produced an affidavit of 3rd respondent as Annexure-B.

3. Heard the learned Public Prosecutor and learned counsel for 3 rd

respondent also.

4. Having regard to the facts and circumstances of the case and

considering the fact that all issues between the petitioner and the 3 rd

respondent have been settled and also considering Annexure-B affidavit of

the 3rd respondent, I am of the view that this is fit case where, the jurisdiction

of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings

against the petitioner can be quashed on the ground of settlement. Keeping in

mind the law laid down by the Supreme Court in Gian Singh v. State of

Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan;

(2019) 5 SCC 688, I am of the view that the proceedings against the

petitioner can be quashed on the ground of settlement. No public purpose

would be served by continuing with the proceedings against the petitioner.

The chances of a successful prosecution are remote. In the result, this

Crl.M.C. is allowed and all further proceedings against the petitioner, in

C.C.No.4643/2017 before the Judicial First Class Magistrate Court-I,

Chengannur will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 5649/2023

PETITIONER ANNEXURES

Annexure-A A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1392/2017 OF MANNAR POLICE STATION DATED 23.09.2017.

Annexure-B A TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.