Edward vs State Of Kerala
2023 Latest Caselaw 10386 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA,
                                   1945
                       CRL.MC NO. 5067 OF 2023
  AGAINST THE ORDER/JUDGMENT CC 1141/2022 OF JUDICIAL
    MAGISTRATE OF FIRST CLASS -II(MOBILE),ALAPPUZHA
PETITIONER/ACCUSED:

               EDWARD
               AGED 55 YEARS, PUNNEKEL HOUSE, WARD 23,
               MARARIKULAM SOUTH KALAVOOR PO, ALAPPUZHA,
               PIN - 688 522.

               BY ADVS.
                    MANU HARSHAKUMAR
                    S.GULZAR
                    ROHIT T.
                    GOVIND CHANDRABHANU

RESPONDENT/STATE/DE FACTO COMPLAINANT:

    1          STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, PIN - 682 031.

    2          MARY BASTIN
               AGED 43, PUNNEKEL HOUSE, WARD 23,
               MARARIKULAM SOUTH KALAVOOR PO, ALAPPUZHA,
               PIN - 688 522.

               BY ADVS.
                    JEEVAN BALAKRISHNAN(FOR R2)
                    ADARSH S
                    K.A NOUSHAD -SENIOR PUBLIC PROSECUTOR

        THIS     CRIMINAL   MISC.    CASE   HAVING     COME    UP    FOR
ADMISSION       ON   30.09.2023,    THE   COURT   ON   THE    SAME   DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.5067 of 2023
                                  :2:



                                ORDER

Dated this the 30th day of September, 2023

Petitioner is the sole accused in Crime

No.317/2022 of Mannanchery Police Station, Alappuzha

District, which is now pending as C.C. No.1141/2022 on

the file of the Judicial First Class Magistrate Court-II,

Alappuzha District, alleging commission of offences

punishable under Sections 294(b), 323, 354, 506(1) and

509 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 III

affidavit executed by the 2nd respondent to establish that

the entire issues between the petitioner and the 2 nd

respondent have been settled and the 2nd respondent

does not intend to continue with the proceedings against

the petitioner.

Crl.M.C. No.5067 of 2023

3. Learned Senior Public Prosecutor and the

learned counsel appearing for the 2nd respondent affirms

that the entire disputes between the petitioner and the

2nd 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 Senior 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. Keeping in mind the the principles laid down

by the Supreme Court in Gian Singh v. State of

Punjab and Another; (2012) 10 SCC 303, and

B.S.Joshi v. State of Haryana; AIR 2003 SC 1386,

further proceedings against the petitioner can be

quashed on the ground of settlement. Crl.M.C. No.5067 of 2023

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

further proceedings in C.C. No.1141/2022 on the file of

the Judicial First Class Magistrate Court-II, Alappuzha

District (Crime No.317/2022 of Mannanchery Police

Station) will stand quashed as against the petitioner.

Sd/-

GOPINATH P.

JUDGE AMR Crl.M.C. No.5067 of 2023

APPENDIX OF CRL.MC 5067/2023

PETITIONER'S ANNEXURES

Annexure1 TRUE COPY OF FIR AND FIS IN CRIME NO 317/2022 OF MANNANCHERY POLICE STATION.

Annexure II CERTIFIED COPY OF FINAL REPORT IN CC NO 1141/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II ALAPPUZHA.

Annexure III AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 19.06.2023.

Annexure IV AFFIDAVIT SWORN BY THE 2ND RESPONDENT SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT II ALAPPUZHA.