Krishnan vs State Of Kerala
2023 Latest Caselaw 11779 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. 5297 OF 2023
     CRIME NO.437/2020 OF Edavanna Police Station, Malappuram
 AGAINST THE ORDER/JUDGMENT CC 95/2021 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS-I,MANJERI
PETITIONER/S:

    1     KRISHNAN
          AGED 28 YEARS
          S/O. BALAN, AGED 28 YEARS, PAPPADAN HOUSE, THIRUVALI
          P.O., MALAPPURAM DISTRICT, PIN - 676123

    2     RAJESH
          AGED 42 YEARS,
          S/O. KARI, AGED 42 YEARS, PAPPADAN HOUSE, THIRUVALI
          P.O., MALAPPURAM DISTRICT, PIN - 676123

          BY ADV K.RAKESH



RESPONDENT/S:

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

    2     THE STATION HOUSE OFFICER
          EDAVANNA POLICE STATION, MALAPPURAM DISTRICT, PIN -
          676541

    3     INDIRA
          AGED 62 YEARS
          W/O. KUNHUTTAN, VALLUVAN HOUSE, CHATHAKKAD, THIRUVALI
          P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 676123

    4     NARAYANI
          AGED 68 YEARS
          W/O. KUNHAN (LATE), VALLUVAN HOUSE, CHATHAKKAD,
          THIRUVALI P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT,
          PIN - 676123

          BY ADV PUBLIC PROSECUTOR
 Crl. M.C. No.5297/2023             -2-

OTHER PRESENT:

              SRI NOUSHAD KA. (SR PP)/ SRI K.S. PRAVEEN (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.5297/2023               -3-

                                 ORDER

The petitioners are accused Nos. 1 & 2 in Crime No.437/2020 of

Edavanna Police Station, Malappuram District which is now pending as

C.C.No.95/2021 before the Judicial First Class Magistrate Court-I, Manjeri.

The petitioners face prosecution under Sections 323, 324 read with Section 34

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 petitioners that all issues between

the petitioners and respondents 3 and 4 (de facto complainants) have been

settled. He also produced affidavits of respondents 3 and 4 as Annexures-B

and C.

3. Heard the learned Public Prosecutor and learned counsel for

respondents 3 and 4.

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

considering the fact that all issues between the petitioners and respondents 3

and 4 have been settled and also considering Annexures-B and C affidavits of

the respondents 3 and 4, 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 petitioners 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 petitioners can be quashed on the ground of settlement. No public

purpose would be served by continuing with the proceedings against the

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

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

C.C.No.95/2021 before the Judicial First Class Magistrate Court-I, Manjeri

will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 5297/2023

PETITIONER ANNEXURES

Annexure A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.437/2020 OF THE EDAVANNA POLICE STATION

Annexure B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT ON 13-4-2023

Annexure C AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT ON 13-4-2023