Raju vs State Of Kerala
2023 Latest Caselaw 10410 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. 5449 OF 2023
   AGAINST THE ORDER/JUDGMENT CC 580/2023 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONER/ACCUSED:

          RAJU
          AGED 43 YEARS, S/O SIVANANDHAN,
          PALAKKAVALI HOUSE, MAYITHARA DESOM,
          KANCHIKUZHI VILLAGE, CHERTHALA TALUK,
          ALAPUZHA DISTRICT, PIN - 688 539.

          BY ADV
               RAJESH CHAKYAT

RESPONDENTS/STATE, DEFACTO COMPLAINANT & I.O:

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

    2     NITHYA
          AGED 38 YEARS, D/O KARUNAKARAN,
          VAZHAPARAMBIL HOUSE , KALLAYIMOOLA VILLAGE,
          P.O. VARANDARAPILLY, CHALAKUDY TALUK,
          THRISSUR DISTRICT, PIN - 680 303.

    3     THE STATION HOUSE OFFICER
          VARANDARAPILLY POLICE STATION, VARANDARAPPILLY,
          THRISSUR DISTRICT, PIN - 680 303.

          BY ADV
               SRI.BIJU .C. ABRAHAM (FOR R2)
               NOUSHAD KA- 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.5449 of 2023
                               :2:




                            ORDER

Dated this the 30th day of September, 2023

Petitioner is accused in Crime No.49/2023 of

Varandarapilly Police Station, Thrissur District, which is now

pending as C.C. No.580/2023 on the file of the Judicial First

Class Magistrate Court, Irinjalakuda, alleging commission of

offences punishable under Sections 323, 324 and 498A 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 2 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 Senior Public Prosecutor and the learned

counsel appearing for the 2nd respondent affirms that the Crl.M.C. No.5449 of 2023

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. 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.580/2023 on the file of the Judicial

First Class Magistrate Court, Irinjalakuda (Crime No.49/2023

of Varandarapilly Police Station) will stand quashed as

against the petitioner.

Sd/-

GOPINATH P.

JUDGE AMR Crl.M.C. No.5449 of 2023

APPENDIX OF CRL.MC 5449/2023

PETITIONER'S ANNEXURES

Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.49/2023 OF IRINJALAKUDA POLICE DATED 26.03.2023.

Annexure 2 ORIGINAL COPY OF THE COMPOUNDING AFFIDAVIT DATED 05.07.2023 BY THE 2ND RESPONDENT.