Lijo C T vs State Of Kerala
2023 Latest Caselaw 11777 Ker

                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. 8259 OF 2023
  CRIME NO.41/2023 OF Ernakulam North Police Station, Ernakulam
  AGAINST THE ORDER/JUDGMENT SC 681/2023 OF ADDITIONAL DISTRICT
   COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN),
                               ERNAKULAM
PETITIONER/S:

          LIJO C T
          AGED 38 YEARS, THANKAPPAN CHINGAMTHARA HOUSE,KUMBALAM
          DESOM,KUMBALAM(P.O) ERNAKULAM, PIN - 682506

          BY ADVS.
          MRINUAAL
          RAJITHA V.K


RESPONDENT/S:

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

    2     STATION HOUSE OFFICER
          E.T NORTH(KASBA), POLICE STATION,COCHIN, PIN - 600018

    3     ASWATHY
          AGED 31 YEARS
          D/O SATHEESAN,PERMANETLY RESIDING AT, ASWATHY BHAVAN..
          EZHUPUNNA SOUTH (P.O) KODAMTHURUTHY VILLAGE, CHERTALA
          TALUK,ALAPUZZHA (DT) KERALA, , PRESENTLY RESIDING AT,
          CHINGAMTHARA HOUSE, KUMBALAM DESOM, KUMBALAM (P.O0
          ERANAKULAM (DT), PIN - 682506

          BY ADV Advocate Nemom Chandra Babu Ayappan


OTHER PRESENT:

          SRI NOUSHAD K.A. (SR PP) / SRI A CHANDRA BABU ( FOR
          RESPONDENT)

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.8259/2023                 -2-

                                   ORDER

The petitioner is the accused in Crime No.41/2023 of Ernakulam Town

North (Kasba) Police Station, Ernakulam District which is now pending as

S.C.No.618/2023 before the 1st Additional & Sessions Court (POCSO),

Ernakulam. The petitioner faces prosecution under Sections 354, 354-D, 323,

341, 308, 427, 451 and 506 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-A2.

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

3rd 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-A2 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

S.C.No.618/2023 before the 1st Additional & Sessions Court (POCSO),

Ernakulam will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 8259/2023

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF FINAL REPORT DATED 08/02/2023

Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPALINANT DATED 29/09/2023