Ratheesh S.S vs State Of Kerala
2023 Latest Caselaw 10413 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. 6302 OF 2023
  AGAINST THE ORDER/JUDGMENT C.C 233/2021 OF JUDICIAL
            FIRST CLASS MAGISTRATE COURT-VII
               (TEMPORARY),NEYYATTINKARA
PETITIONERS/ACCUSED 1 TO 4:

    1    RATHEESH S.S
         AGED 41 YEARS
         S/O SUSHOBHANAN NAIR, UTHRADAM, VAZHAVILA,
         VENGANOOR P.O, VIZHINJAM VILLAGE,
         THIRUVANANTHAPURAM DISTRICT., PIN - 695 523.

    2    SARASWATHY
         AGED 68 YEARS
         D/O THANKAMMA, UTHRADAM, VAZHAVILA,
         VENGANOOR P.O, VIZHINJAM VILLAGE,
         THIRUVANANTHAPURAM DISTRICT., PIN - 695 523.

    3    RAJESH
         AGED 42 YEARS
         S/O SUSHOBHANAN NAIR, AMRITHALAYAM,
         VENGANOOR P.O, VIZHINJAM VILLAGE,
         THIRUVANANTHAPURAM DISTRICT., PIN - 695 523.

    4    SUSHOBHANAN NAIR
         AGED 72 YEARS
         S/O LATE BHARGAVAN PILLAI UTHRADAM, VAZHAVILA,
         VENGANOOR P.O, VIZHINJAM VILLAGE,
         THIRUVANANTHAPURAM DISTRICT., PIN - 695 523.

         BY ADVS.
              ADITHYA RAJEEV
              S.PARVATHI
 Crl.M.C. No.6302 of 2023
                               :2:




RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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

    2       POURNAMI
            AGED 32 YEARS
            D/O PADMAKUMARI, PADMASREE, ERAVOOR,
            ARYANAD P.O, ARYANADU VILLAGE,
            NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT,
            PIN - 695 542.

            BY ADVS.
                 ARYA RAGHUNATH
                 MANJUNATH MENON(K/000474/2015)
                 VIPIN NMARAYAN-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.6302 of 2023
                              :3:



                           ORDER

Dated this the 30th day of September, 2023

Petitioners are accused Nos.1 to 4 in Crime

No.504/2020 of Vizhinjam Police Station,

Thiruvananthapuram District, which is now pending as C.C.

No.233/2021 on the file of the Judicial First Class Magistrate

Court-VII (Temporary), Neyyatinkara, alleging commission of

offences punishable under Section 498A r/w Section 34 of the

Indian Penal Code.

2. Learned counsel appearing for the petitioners

would submit that the entire issues between the petitioners

and the 2nd respondent (the de facto complainant) have been

settled. Learned counsel appearing for the petitioners also

refers to Annexure-III affidavit executed by the

2nd respondent to establish that the entire issues between the

petitioners and the 2nd respondent have been settled and the

2nd respondent does not intend to continue with the

proceedings against the petitioners. Crl.M.C. No.6302 of 2023

3. Learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent affirms that the entire

disputes between the petitioners and the 2nd respondent have

been settled and that the 2nd respondent does not wish to

continue with the proceedings against the petitioners.

4. Having heard the learned counsel appearing for

the petitioners, 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 petitioners. Therefore, in exercise of

the jurisdiction vested in this Court under Section 482 of the

Code of Criminal Procedure, further proceedings against the

petitioners can be quashed on the ground of settlement.

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

proceedings in C.C. No.233/2021 on the file of the Judicial

First Class Magistrate Court-VII (Temporary), Neyyatinkara

(Crime No.504/2020 of Vizhinjam Police Station) will stand

quashed as against the petitioners.

Sd/-

GOPINATH P.

AMR JUDGE Crl.M.C. No.6302 of 2023

APPENDIX OF CRL.MC 6302/2023

PETITIONERS' ANNEXURES

Annexure-I CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 02-03-2020 IN CRIME NO.504 OF 2020 OF THE VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

Annexure-II CERTIFIED COPY OF THE FINAL REPORT DATED 20-12-2020 IN CRIME NO.504 OF 2020 OF THE VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

Annexure-III A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 07-02-2023.

Annexure-IV A TRUE COPY OF THE RECEIPT SIGNED BY THE 2ND RESPONDENT DATED 07-02-2023.