Kerala High Court
Sibeesh vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
CRL.MC NO. 3062 OF 2024
CRIME NO.416/2019 OF NORTH PARAVUR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.766 OF 2019 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT- III, NORTH PARAVUR
PETITIONER/ACCUSED:
SIBEESH
AGED 38 YEARS
S/O BABU, KOLPURATHU VEETTIL, CHERIYAPALLAMTHURUTHU
KARA, NORTH PARAVOOR VILLAGE, ERNAKULAM,
PIN - 683522
BY ADVS.
M.VIVEK
M.R.MADHU
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM,KOCHI, PIN - 682031
2 SARADHA
AGED 63 YEARS
W/O RAMAKRISHNAN, PUNNAKAPARAMBIL VADAKEPADAM VEEDU,
PARAVOOTHARA, NORTH PARAVOOR VILLAGE, ERNAKULAM,
PIN - 683513
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C NO.3062 OF 2024
2
C. JAYACHANDRAN, J.
=====================
Crl.M.C. No.3062 of 2024
=====================
Dated this the 16th day of April, 2024
ORDER
The petitioner is the sole accused in C.C.
No.766/2019 of the Judicial First Class Magistrate
Court-III, North Paravur. The said Calendar Case was
registered pursuant to the Final Report in Crime
No.416/2019 of North Paravur Police Station,
Ernakulam. The offences alleged are under Sections
354(C) and 354(D) of the Indian Penal Code.
2. The Crl.M.C. is filed seeking to quash
Annexure-A Final Report in the above referred crime
and all further proceedings in C.C. No.766/2019 of the
Judicial First Class Magistrate Court-III, North
Paravur, on the premise that, the issues by and
between the parties have been settled amicably and
Crl.M.C NO.3062 OF 2024
that the defacto complainant is no more interested to
prosecute the above case.
3. When this matter was moved, this Court directed
the learned Public Prosecutor to get instructions,
along with a signed statement of the defacto
complainant. The same is produced before this Court.
In the statement made by the defacto complainant, it
is clearly stated that she is no more interested to
prosecute the above case, since the disputes have been
resolved.
4. That apart, this Court also notice that along
the the Crl.M.C., an affidavit was sworn to by the
second respondent/defacto complainant as Annexure-B,
wherein also the petitioner would unequivocally state
that she is not interested to prosecute the matter, in
view of the settlement.
Crl.M.C NO.3062 OF 2024
5. Heard the learned counsel for the petitioner,
the learned Public Prosecutor and learned counsel for
the defacto complainant/2nd respondent.
6. In view of the judgments of Hon'ble Supreme
Court in B.S. Joshi & Ors v. State Of Haryana & Anr
[2003 (4) SCC 675] and Gian Singh v. State of Punjab
[(2012) 10 SCC 303], this Court finds that no useful
purpose is to be served by continuing the prosecution
as against the petitioner, inasmuch as the defacto
complainant had unequivocally expressed her intention
to withdraw the criminal proceedings against the
petitioner. The issues involved in this crime are
private in nature, without impacting the society at
large.
In the circumstances, this Crl.M.C is allowed and
Annexure A Final Report in Crime No.416/2019 of North
Paravur Police Station and all further proceedings in
Crl.M.C NO.3062 OF 2024
C.C. No.766/2019 of the Judicial First Class
Magistrate Court-III, North Paravur, are hereby
quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
BR
Crl.M.C NO.3062 OF 2024
PETITIONER'S ANNEXURES
Annexure -A CERTIFIED COPY OF THE FINAL REPORT AND
WITNESS LIST IN CRIME NO. 416/19 OF NORTH
PARAVOOR POLICE STATION DATED 28-05-2019
Annexure -B THE AFFIDAVIT DATED 04-03-2024 SWORN BY
THE 2ND RESPONDENT
RESPONDENT'S ANNEXURES: NIL
