Kerala High Court
Antony. P.O vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
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. 1390 OF 2024
CRIME NO.1010/2021 OF Mulavukad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.114 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,ERNAKULAM
PETITIONER/S:
ANTONY. P.O
AGED 77 YEARS
S/O OUSO, PUTHENPURAKKAL HOUSE, PANAMBUKADU,
VALLARPADAM MULAVUKAD P.O, ERNAKULAM., PIN -
682504
BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY
HARIKRISHNAN P.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER , MULAVUKAD POLICE STATION
MULAVUKAD P.O, ERNAKULAM DISTRICT, PIN - 682054
3 NIRMALA GEORGE
AGED 28 YEARS
D/O GEORGE, RESIDING AT KATTASSERRY VEEDU,
PANAMBUKADU P.O, ERNAKULAM DISTRICT, PIN - 682504
OTHER PRESENT:
PP NIMA JACOB
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.1390 of 2024
2
ORDER
Dated this the 11th day of April, 2024
Petitioner is the accused in Crime No.1010 of
2021 registered at the Mullavukadu Police Station
for offences punishable under Sections 354,
354A(1)(i), 354A(1)(ii), 354D and 509 of IPC, now
pending as C.C.No.114 of 2022 on the files of the
Judicial First Class Magistrate Court-I,
Ernakulam. The de facto complainant is arrayed as
the third respondent. Annexure-A4 affidavit has
been filed by the third 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.
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
offences alleged, nature of the injury caused and
having perused the affidavit, the contents of
which are vouched to be true and voluntary by the
Counsel for the third respondent, 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.
In the result, this Crl.M.C is allowed.
Annexure-A2 final report and all further
proceedings in C.C.No.114 of 2022 on the files of
the Judicial First Class Magistrate Court-I,
Ernakulam, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
1010/2021 OF MULAVUKAD POLICE STATION,
ERNAKULAM DISTRICT DATED ON 10.12.2021
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
FILED AGAINST PETITIONER BY THE 2ND
RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT -1, ERNAKULAM
Annexure A3 THE TRUE COPY OF THE SETTLEMENT
AGREEMENT DATED 22.11.2023 EXECUTED
BETWEEN THE PETITIONER'S SON AND THE
3RD RESPONDENT/DEFACTO COMPLAINANT
Annexure A4 ORIGINAL AFFIDAVIT DATED 25/1/2024
SWORN TO BY THE 3RD RESPONDENT
