Aswinikumar vs State Of Kerala
2023 Latest Caselaw 10416 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. 5679 OF 2023
     AGAINST THE ORDER/JUDGMENT CC 503/2019 OF JMFC, KAKKANAD
                           (TEMPORARY)
PETITIONERS/ACCUSED 1 AND 2:

    1     ASWINIKUMAR, AGED 40 YEARS
          S/O.LATE KUMARAN, KANAKA VILAS HOUSE,
          PONNAKUDAM ROAD, NEAR ETTUKETTU MANA, KANGARAPPADY,
          ERNAKULAM DISTRICT, PIN - 682021
    2     ARUN KUMAR
          AGED 36 YEARS
          S/O.LATE KUMARAN, KANAKA VILAS HOUSE, PONNAKUDAM ROAD,
          NEAR ETTUKETTU MANA, KANGARAPPADY,
          ERNAKULAM DISTRICT, PIN - 682021
          BY ADVS.
          PRAMEELA.C.K.
          C.K.PREM RAJ


RESPONDENT/COMPLAINANT:

    1     STATE OF KERALA
          S.H.O. THADIYITTAPARAMBU POLICE STATION - CRIME
          NO.80/19) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
          COURT OF KERALA, ERNAKULAM-682031., PIN - 682031
    2     SOBHA
          W/O.SIVAN, PUNNEKADU HOUSE, PUNNEKADU AREA, VAZHAKULAM,
          THADIYITTAPARAMBU, ERNAKULAM DISTRICT., PIN - 683105



          ADV. NOUSHAD KA , PP
          ADV. BABY NANDINI K.


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5679 OF 2023             2



                                   ORDER

Petitioners are the accused in Crime No.80/2019 of

Thadiyittaparambu Police Station, Ernakulam District, alleging

commission of offences under Sections 294(b), 354B, 323 and 509

r/w. 34 of the Indian Penal Code. The matter is now pending as

C.C. No.503/2019 before the Judicial First Class Magistrate Court,

Kakkanad.

2. The learned counsel appearing for the petitioners

would submit that the entire issues between the petitioners

and the de facto complainant/2nd respondent have been

settled. Learned counsel appearing for the petitioners also

refers to Annexure-III affidavit executed by the de facto

complainant/2nd respondent to establish that the entire issues

between the petitioners and the de facto complainant/ 2nd

respondent have been settled and the de facto complainant

does not intend to continue with the proceedings against the

petitioner.

3. The learned Public Prosecutor and the learned

counsel appearing for de facto complainant/ 2nd respondent would

confirm that the entire issues between the petitioners and 2 nd

respondent have been settled and the 2 nd respondent does not

wish to continue with the prosecution in any manner.

4. Having heard the learned counsel for the

petitioners, the learned Public Prosecutor and the learned

counsel for respondent No.2 , I am of the view that this is

fit case where the jurisdiction of this Court under Section

482 of Cr.P.C. can be invoked to quash the proceedings

against the petitioners on the ground of settlement. No

public interest will be served by continuing with the

proceedings against the petitioners. It is unlikely that the

State will be able to successfully prosecute the case against

the petitioners . The nature of the offences does not compel me

to hold that the proceedings cannot be quashed on the ground

of settlement.

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

proceedings in C.C. No.503/2019 on the file the Judicial First

Class Magistrate Court, Kakkanad (arising out of Crime

No.80/2019 of Thadiyittaparambu Police Station, Ernakulam

District), will stand quashed as against the petitioners.

Sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF CRL.MC 5679/2023

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE COMPROMISE PETITION FILED BEFORE THE FAMILY COURT, MUVATTUPUZHA DATED 26.1.2023 Annexure II CERTIFIED COPY OF THE FINAL REPORT IN CHARGE SHEET BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD AS 503/2019 DATED 18.2.2019 Annexure III ORIGINAL AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 17.3.2023