Ranjith Kumar @ Rajith Kumar vs State Of Kerala
2023 Latest Caselaw 10387 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. 7231 OF 2023
  AGAINST THE ORDER/JUDGMENT CC 1838/2023 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
PETITIONER/ACCUSED:

         RANJITH KUMAR @ RAJITH KUMAR
         AGED 40 YEARS
         S/O.THAMBI, PANNIMATTATHIL HOUSE, KOLARTHOTTI,
         KOOVERI, TALIPARAMBA, KANNUR DISTRICT.,
         PIN - 670 581.

         BY ADV
              M.ANUROOP

RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

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

    2    BALAKRISHNAN
         AGED 64 YEARS
         S/O. KUNHAMBU, PAZHEDATHU HOUSE, KOOVODUDESOM,
         TALIPARAMBA, KANNUR DISTRICT., PIN - 670 141.

    3    BALAKRISHNAN
         AGED 71 YEARS
         S/O. RAGHAVAN, KUNNOL HOUSE, THALIYIL,
         ANTHOOR AMSOM, TALIPARAMBA, KANNUR DISTRICT,
         PIN - 670 563.

    4    BHARGAVI
         AGED 61 YEARS
         W/O. BALAKRISHNAN, KUNNOL HOUSE, THALIYIL,
         ANTHOOR AMSOM, TALIPARAMBA, KANNUR DISTRICT.,
         PIN - 670 563.
 Crl.M.C. No.7231 of 2023
                                 :2:


            BY ADVS
                 MURSHID ALI M.(FOR R2, R3 AND R4)
                 VIPIN NARAYAN-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.7231 of 2023
                                :3:




                            ORDER

Dated this the 30th day of September, 2023

The petitioner is the accused in Crime

No.204/2019 of Taliparamba Police Station, Kannur Distirct,

which is now pending as C.C.No.1838/2023 on the file of the

Judicial First Class Magistrate Court, Taliparamba, alleging

commission of offences under Section 498A of the Indian

Penal Code. The allegation against the petitioner is that after

the marriage of the petitioner with the daughter of

respondents 3 and 4. The petitioner had subjected the

daughter of respondents 3 and 4 to mental and physical

cruelty and leading to her suicide on 22.02.2019.

2. The learned counsel appearing for the petitioner

would submit that the petitioner and the deceased (daughter

of respondents 3 and 4) got married on 29.10.2000. It is

submitted that she had not committed suicide owing to any

harassment by the petitioner. It is submitted that the

daughter of respondents 3 and 4/wife of the petitioner died

by suicide on 22.02.2019 nearly 19 years after the date of Crl.M.C. No.7231 of 2023

marriage. It is submitted that she had not filed any

complaints against the petitioner when she was alive and this

itself is sufficient proof of the fact that the petitioner has not

committed any offence under Section 498A of the Indian

Penal Code. It is also submitted that respondents 3 and 4

(parents of the deceased) do not wish to continue with the

prosecution against the petitioner. It is submitted that 2 nd

respondent is the uncle of the deceased, who gave the First

Information Statement in Crime No.204/2019. It is submitted

that the matter is now pending as C.C. No.1838/2023 on the

file of the Judicial First Class Magistrate Court, Taliparamba.

The learned counsel also made reference to Annexures A3,

A4 and A5 affidavits executed by respondents 2, 3 and 4 to

establish respondents 2, 3 and 4 have no intention to

continue with the prosecution against the petitioner.

3. The learned Public Prosecutor and the learned

counsel appearing for respondents 2, 3 and 4 would confirm

that respondents 2, 3 and 4 do not wish to continue with the

prosecution against the petitioner.

4. Having heard the learned counsel appearing for

the petitioner, learned Public Prosecutor and the learned Crl.M.C. No.7231 of 2023

counsel appearing for respondents 2, 3 and 4, 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.1838/2023 on the file of the Judicial

First Class Magistrate Court, Taliparamba (Crime

No.204/2019 of Taliparamba police station) will stand

quashed as against the petitioner.

Sd/-

GOPINATH P.

JUDGE AMR Crl.M.C. No.7231 of 2023

APPENDIX OF CRL.MC 7231/2023

PETITIONER'S ANNEXURES

Annexure-A1 TRUE COPY OF THE FIR DATED 22-02-2019 IN CRIME NO. 204/2019 IN TALIPARAMBA POLICE STATION.

Annexure-A2 TRUE COPY OF THE FINAL REPORT DATED 30-11-2019 IN CRIME NO. 204/2019 OF TALIPARAMBA POLICE STATION.

Annexure-A3 THE AFFIDAVIT DATED 20-08-2023 SWORN IN BY THE 2ND RESPONDENT.

Annexure-A4 THE AFFIDAVIT DATED 20-08-2023 SWORN IN BY THE 3RD RESPONDENT.

Annexure-A5 THE AFFIDAVIT DATED 20-08-2023 SWORN IN BY THE 4TH RESPONDENT.