Kerala High Court
Mirash vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.1959 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 1959 OF 2024
CRIME NO.459/2019 OF Vadakkancherry Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.638 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONER:
MIRASH
AGED 27 YEARS
S/O.KABEER, THARISSIL HOUSE, THEKKEPOTTA,
KOTTARASSERY, PALAKAKD, PIN - 678687
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA ERNAKULAM, PIN - 682031
2 SHAHNAMOL
AGED 20 YEARS
W/O.MIRASH, D/O.LATE.HAMSA, KALTHIL HOUSE,
THEKKEPOTTA, KOTTARASSERY, PALAKKAD-, PIN - 678687
3 SAFIYA,
AGED 45 YEARS
W/O. LATE.HAMSA, KALTHIL HOUSE, THEKKEPOTTA,
KOTTARASSERY, PALAKKAD, PIN - 678687
OTHER PRESENT:
PP MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1959 of 2024
2
ORDER
Dated this the 11th day of April 2024
Petitioner is the accused in Crime No.459 of 2019
registered at the Vadakkencherry Police Station for the offence
punishable under Section 363 of IPC, now pending as
C.C.No.638 of 2019 on the files of the Judicial First Class
Magistrate Court-I, Alathur. The de facto complainant is arrayed
as the 3rd respondent. Annexure-4 affidavit has been filed by the
3rd respondent stating that the dispute, which had compelled her
to file the complaint, leading to registration of the crime, has been
settled amicably and she has no subsisting grievance against the
petitioner. Further, the alleged victim has filed Annexure-3
affidavit stating that the petitioner is her husband and the
complaint was filed based on a misconception.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that no antecedents are reported against the
petitioner.
3. Having considered the gravity of the offence alleged,
nature of the injury caused and having perused the affidavits, the
contents of which are vouched to be true and voluntary by the
counsel for respondents 2 and 3, I am satisfied that no public
interest is involved in this matter and the dispute has been settled
amicably. In view of the settlement arrived at between the parties,
there is no possibility of the criminal proceedings ending in
conviction. As such, continuance of the proceedings will amount
to an abuse of process of court and hence, in view of the legal
position set out by the Honourable Supreme Court in Madan
Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and
Gian Singh v. State of Punjab and Another [(2012) 10 SCC
303], there is no impediment in granting the relief. The fact that
the petitioner and the 2nd respondent are now married and having
children in the marriage is also taken into consideration.
In the result, this Crl.M.C is allowed. Annexure-1 final report
and all further proceedings in C.C.No.638 of 2019 on the files of
the Judicial First Class Magistrate Court-I, Alathur as against the
petitioner, are quashed.
Sd/-
V.G. Arun
Judge
vpv
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.638/2019 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE-I,
ALATHUR
Annexure 2 TRUE COPY OF THE MARRIAGE CERTIFICATE
NO.26/2021 DATED 13.09.2021
Annexure 3 THE AFFIDAVIT DATED 23.02.2024 SWORN BY
THE 2ND RESPONDENT EVIDENCING THE FACTUM
OF SETTLEMENT
Annexure 4 THE AFFIDAVIT 23.02.2024 SWORN BY THE
3RD RESPONDENT EVIDENCING THE AFORESAID
FACTUM OF SETTLEMENT
