Kerala High Court
Manjith Balachandran vs State Of Kerala on 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
CRL.MC NO. 7474 OF 2023
CRIME NO.1050/2021 OF Mararikulam Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT CC 1793/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II(MOBILE),ALAPPUZHA
PETITIONER:
MANJITH BALACHANDRAN AGED 37 YEARS SON OF LATE
BALACHANDRAN, T.C. 41/2514, RAMBA, THOTTAM, MANACAUD
P.O THIRUVANANTHAPURAM. NOW RESIDING AT BALAJI ARA
69 THOTTAM MANACAUD THIRUVANANTHAPURAM DISTRICT, PIN
- 695009
BY ADV SHAMMI VIJAYAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER MARARIKULAM POLICE STATION.
ALAPPUZHA DISTRICT, PIN - 688523
3 RANJITHA AGED 28 YEARS DAUGHTOR RATHI KRIPA, WARD NO:
19 THANNEERMUKKOM PANCHAYATH, MARUTHORVATTOM.P.O.,
CHERTHALA ALAPPUZHA DISTRICT FROM KRISHNAMADOM,
VAISHNAVAM, THANNEERMUKKOM VADAKKU VILLAGE
THANNEERMUKKOM PANCHAYATH, WARD NO: 19, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688539
BY ADV C.C.ANOOP
BY G.SUDHEER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.7474 OF 2023
2
ORDER
Petitioner faces prosecution in Crime No.1050 of
2021 of Mararikulam Police Station, Alappuzha District, for
commission of offence under Sections 498(A) and 323 of
the IPC which is now pending as C.C.No.1793 of 2022 on
the file of the Judicial First Class Magistrate Court-II,
Alappuzha. The allegation against the petitioner is that
after the petitioner married the 3rd respondent on
06.11.2014 and while living as husband and wife, the
petitioner, harassed the 3rd respondent physically and
mentally and demanded more dowry and thereby the
petitioner committed the aforesaid offences.
2. The learned counsel appearing for the petitioner
would submit that the disputes arose on account of
matrimonial disputes between the petitioner and the 3rd
respondent. It is submitted that all disputes between the
petitioner and the 3rd respondent have been settled, as is
CRL.MC NO.7474 OF 2023
evident from Annexure A4 notarized affidavit. It is
submitted that the proceedings against the petitioner in
Crime No.1050 of 2021 of Mararikulam Police Station,
Alappuzha District, may be quashed on the basis of
settlement.
3. The learned Public Prosecutor confirms that the
issues between the petitioner and the 3 rd respondent have
been settled.
4. Having regard to the facts and circumstances of
the case, considering the nature of allegations and taking
into account the contents of Annexure A4 notarized
affidavit and the submissions of the learned Public
Prosecutor, I am of the view that this is a fit case where
jurisdiction of this Court under Section 482 of the Cr.P.C
can be invoked and the proceedings against the petitioner
can be quashed on the basis of settlement. No public
interest will be served by continuing with the proceedings
against the petitioner.
Accordingly, this Crl.M.C is allowed and all
CRL.MC NO.7474 OF 2023
further proceedings in C.C.No.1793 of 2022 on the file of
the Judicial First Class Magistrate Court-II, Alappuzha
arising out of Crime No.1050 of 2021 of Mararikulam Police
Station, Alappuzha District, will stand quashed as against
the petitioner.
Sd/-
GOPINATH P.
JUDGE
SSK/16/11
CRL.MC NO.7474 OF 2023
APPENDIX OF CRL.MC 7474/2023
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO: 1050/2021 OF MARARIKKULAM POLICE
STATION
Annexure A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO:
1050/2021 OF MARARIKKULAM POLICE STATION
Annexure A3 THE TRUE COPY OF THE COMPROMISE PETITION FILED IN
O.P 1483/ 2021 BEFORE THE HONBLE FAMILY COURT,
THIRUVANATHAPURAM
Annexure A4 THE ORIGINAL NOTARIZED AFFIDAVIT DATED 20.07.2023
SWORN IN BY THE OF THE DEFACTO COMPLAINANT/ 3RD
RESPONDENT
