Kerala High Court
Madhu vs State Of Kerala on 22 November, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
CRL.MC NO. 4748 OF 2023
CRIME NO.81/2020 OF North Paravur Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 9/2023 OF JUDL. FIRST CLASS
MAGISTRATE COURT, III, NORTH PARAVUR (TEMPORARY)
PETITIONER/ACCUSED:
MADHU AGED 56 YEARS PULIKKATHARA NIKATHIL,
EZHIKARA, NORTH PARAVUR, ERNAKULAM., PIN - 683513
BY ADVS. V.A.HAKEEM NOUSHAD K.H
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 INSPECTOR OF POLICE N.PARAVUR POLICE STATION,
ERNAKULAM RURAL., PIN - 683513
3 UMA AGED 52 YEARS PADATHUPARAMB PULIKKATHARA (H),
KEDAMANGALAM, EZHIKARA, NORTH PARAVUR, ERNAKULAM., PIN
- 683513
SRI NOUSHAD K.A. (SR PP)
SRI.ARAVIND AJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. NO.4748 OF 2023
2
ORDER
Petitioner is the sole accused in Crime
No.81/2020 of North Paravur Police Station, Ernakulam
District which is now pending as C.C.No.9 of 2023 before
the Judicial First Class Magistrate Court-III, North Paravur.
The petitioner faces allegations of having committed the
offences punishable under Sections 436 and 451 of the
Indian Penal Code.
2. The learned counsel appearing for the petitioner
would submit that all issues between the petitioner and
the 3rd respondent have been settled. It is submitted that
the allegation against the petitioner is that the petitioner
caused fire damage to the property of the defacto
complainant due to the matrimonial disputes between the
petitioner and the 3rd respondent/defacto complainant who
is the wife of the petitioner. The learned counsel would
submit that the case was registered on the basis of some
misunderstanding and that all issues between the
Crl.M.C. NO.4748 OF 2023
petitioner and the 3rd respondent have been settled and
they do not wish to continue with the prosecution in any
manner.
3. The learned Public Prosecutor and the learned
counsel appearing for the 3rd respondent would confirm
that all issues between the petitioner and the 3 rd
respondent have been settled and they do not wish to
continue with the prosecution in any manner.
4. Having heard the learned counsel for the
petitioner, the learned Public Prosecutor and the learned
counsel for the 3rd respondent, I am of the view that the
proceedings against the petitioner can be terminated in
exercise of the jurisdiction vested in this Court under
Section 482 of Cr.P.C. No public interest will be served by
continuing with the proceedings against the petitioner. The
nature of the offences does not compel me to hold that the
proceedings cannot be quashed on the ground of
settlement. Keeping the principles laid down by the
Supreme Court in Gian Singh v. State of Punjab and
Crl.M.C. NO.4748 OF 2023
Another; [(2012) 10 SCC 303)], and State of Madhya
Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC
688], I am of the view that considering the nature of the
offences alleged against the petitioner the proceedings can
be quashed on the basis of settlement.
Accordingly, this Crl.M.C is allowed and all further
proceedings in Crime No.81/2020 of North Paravur Police
Station, Ernakulam District which is now pending as
C.C.No.9 of 2023 before the Judicial First Class Magistrate
Court-III, North Paravur, will stand quashed as against the
petitioner.
Sd/-
GOPINATH P.
JUDGE
SSK/22/11
Crl.M.C. NO.4748 OF 2023
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR NO. 81 OF 2020 OF THE
NORTH PARAVUR POLICE STATION DATED 22.1.2020
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN FIR NO.
81 OF 2020 OF THE NORTH PARAVUR POLICE STATION
DATED 10.12.2020
Annexure THE ORIGINAL AFFIDAVIT OF THE 3RD
A3 RESPONDENT/DEFACTO COMPLAINANT DATED 3.6.2023
