Andrews vs State Of Kerala
2023 Latest Caselaw 12521 Ker

Kerala High Court

Andrews 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. 9506 OF 2023
     CRIME NO.1152/2021 OF Punnapra Police Station, Alappuzha
 AGAINST THE ORDER/JUDGMENT CC 828/2021 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS ,AMBALAPUZHA
PETITIONER/ACCUSED:

          ANDREWS
          AGED 30 YEARS
          S/O BENJAMIN , KARUKA PARAMBIL PUNNAPRA SOUTH P/W 16,
          ALAPPUZHA, PIN - 688004
          BY ADVS.
          ALEX K.JOHN
          BHAVANA K.K


RESPONDENT/STATE AND DE FACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
    2     JINTU
          AGED 27 YEARS
          D/O JOSEPH, PANCHAYATH COLONY PUNNAPARA SOUTH P/W-16
          PUNNAPARA KERALA, PIN - 688004
    3     THE SUB INSPECTOR
          PUNNAPRA POLICE STATION, ALAPPUZHA., PIN - 688004



          SRI G. SUDHEER (PP)
          SMT.SRAYAS JOSEPH



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 9506 OF 2023                  2



                                 ORDER

Petitioner is the accused in Crime No.1152/2021 of

Punnapra police station, Alappuzha district, which is now

pending as C.C. No.828/2021 on the file of the Judicial First

Class Magistrate Court-I, Ambalappuzha, alleging commission of

offences punishable under Sections 498A , 294(b), 323 and 506

of the Indian Penal Code.

2. Learned counsel appearing for the petitioner would

submit that the entire issues between the petitioner and the 2nd

respondent (the de facto complainant) have been settled.

Learned counsel appearing for the petitioner also refers to

Annexure-A3 affidavit executed by the 2 nd respondent to

establish that the entire issues between the petitioner and the

2nd respondent have been settled and the 2 nd respondent does not

intend to continue with the proceedings against the petitioner.

3. Learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent affirms that the entire disputes

between the petitioner and the 2 nd respondent have been settled

and that the 2nd respondent does not wish to continue with the

proceedings against the petitioner.

4. Having heard the learned counsel appearing for the

petitioner, learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent, I am of the view that this

Crl.M.C. can be allowed on the ground of settlement. There is no

public interest involved in continuing the proceedings against

the petitioner. Therefore, in exercise of the jurisdiction vested in

this Court under Section 482 of the Code of Criminal Procedure,

further proceedings against the petitioner can be quashed on the

ground of settlement.

Accordingly, the Crl.M.C is allowed and all further

proceedings in C.C. No.828/2021 on the file of the Judicial First

Class Magistrate Court-I, Ambalappuzha, (arising out of Crime

No.1152/2021 of Punnapra police station) will stand quashed as

against the petitioner.

Sd/-

GOPINATH P. JUDGE ajt

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO CRIME NO 1152/2021 PUNNAPRA POLICE STATION, ALAPPUZHA 1152/2021 PUNNAPRA POLICE STATION, ALAPPUZHA DATED 6/11/21 Annexure A2 CERTIFIED COPY OF THE FINAL REPORT FILED BEFORE THE HONORABLE JUDICIAL FIRST CLASS MAGISTRATE COURT- I AMBALAPUZHA AS CC NO 828/2021 DATED 19/11/21 ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT IS PRODUCED HEREWITH AND MARKED AS ANNNEXURE A3