Muraleedharan M.K vs State Of Kerala
2023 Latest Caselaw 10427 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. 6409 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 663/2015 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS ,SULTHANBATHERY
PETITIONER/ACCUSED NOS.1 TO 3:
     1     MURALEEDHARAN M.K.
           AGED 43 YEARS
           S/O. RAMACHANDRAN, AGED 43 YEARS, MALLISSERIKALAM
           HOUSE, KUNNAKKAVU P.O., CHERUKARA, ELAMKULAM,
           PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
     2     RATNAKUMARI
           AGED 63 YEARS
           W/O. RAMACHANDRAN, AGED 63 YEARS, MALLISSERIKALAM
           HOUSE, KUNNAKKAVU P.O., CHERUKARA, ELAMKULAM,
           PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
     3     RAMACHANDRAN
           AGED 73 YEARS
           S/O. APPUNNI NAIR, AGED 73 YEARS, MALLISSERIKALAM
           HOUSE, KUNNAKKAVU P.O., CHERUKARA, ELAMKULAM,
           PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
           BY ADV K.RAKESH


RESPONDENT/STATE AND DE FACTO COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           ERNAULAM, KOCHI, PIN - 682031
     2     THE STATION HOUSE OFFICER
           AMBALAVAYAL POLICE STATION, WAYANAD DISTRICT, PIN -
           673593
     3     NAYANA NAIR
           AGED 33 YEARS
           D/O. RAMACHANDRAN, PUTHALATH HOUSE, THOMATTUCHAL AMSOM,
           CHEENAPULLU DESOM (P O) VADUVAMCHAL, AMBALAVAYAL,
           SULTHANBATHERY TALUK, WAYANAD DISTRICT, PIN - 673581
           BY ADV PUBLIC PROSECUTOR


             SRI. NOUSHAD K.A, PP
             ADV.K.S. PRAVEEN
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. 6409 OF 2023             2



                                  ORDER

Petitioners are the accused in Crime No.390/2015 of

Ambalavayal police station, Wayanad district, which is now

pending as C.C. No.663/2015 on the file of the Judicial First

Class Magistrate Court-I, Sulthanbathery, alleging commission of

offences punishable under Sections 498A, 323 and 506(1) r/w.

34 of the Indian Penal Code.

2. Learned counsel appearing for the petitioners would

submit that the entire issues between the petitioners and the 3 rd

respondent (the de facto complainant) have been settled.

Learned counsel appearing for the petitioners also refers to

Annexure-B affidavit executed by the 3 rd respondent to establish

that the entire issues between the petitioners and the 3 rd

respondent have been settled and the 3 rd respondent does not

intend to continue with the proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 3rd respondent affirms that the entire disputes

between the petitioners and the 3 rd respondent have been settled

and that the 3rd 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 3rd 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.663/2015 on the file of the Judicial First

Class Magistrate Court-I, Sulthanbathery (arising out of Crime

No.390/2015 of Ambalavayal police station) will stand quashed

as against the petitioners.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 6409/2023

PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE FINAL REPORT IN CRIME NO.390/2015 OF THE AMBALAVAYAL POLICE STATION Annexure B AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED, 2-8-2023