Kerala High Court
K.V. Udyakumar vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 568 OF 2024
CRIME NO.1613/2021 OF FORT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.385 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
K.V. UDYAKUMAR
AGED 49 YEARS
S/O KRISHNANKUTTY, TC 41/1428, MSK NAGAR,
KURIYATHI, MANACAUD, THIRUVANANTHAPURAM,
PIN - 695009
BY ADV
LATHEESH SEBASTIAN
RESPONDENTS/STATE & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
FORT POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695564
3 NEETHU S NAIR
AGED 25 YEARS
D/O SREEKUMARI, AATTUVARAMBIL VEEDU, BEHIND
ANANTHAPURI HOSPITAL, PETTAH VILLAGE, CHAKKA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695024
BY ADVS
SRI. M.C. ASHI - PUBLIC PROSECUTOR
NEETHU S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2
Crl.M.C. No.568 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 568 of 2024
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Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by the sole accused in Crime
No.1613/2021 of Fort Police Station, Thiruvananthapuram
which is pending as C.C. No.385/2021 on the file of the
Judicial First Class Magistrate Court-II, Thiruvananthapuram.
The offences alleged against the petitioner are punishable
under Sections 294(b), 506 and 427 of the Indian Penal Code.
2. The prosecution case is that: the petitioner
threatened the third respondent, who is the daughter of the
wife of the petitioner and burned the certificates of the third
respondent after uttering abusive words and thereby
committed the above offences.
3. Adv. Geethu S. appeared on behalf of the defacto
complainant and submitted that she has already filed the
vakalath.
4. According to the petitioner, the dispute has been
settled with the defacto complainant/third respondent. Both
parties agreed to drop all further proceedings relating to the
above dispute. Therefore, he prayed for quashing all further
proceedings in Annexure-1 Final Report.
5. The Defacto complainant filed affidavit endorsing the
averments in the Crl.M.C. According to her, the case has
been amicably settled and that she does not intend to
proceed with the case and also that further proceedings in
the case can be quashed. She has no further grievance
against the petitioner.
6. Learned Public Prosecutor also stated that the
dispute has been settled between the parties and hence
further proceedings in the case can be quashed. Signed
statement of the defacto complainant also has been filed,
which substantiates the averments in her affidavit.
7. Considering the fact that the offences under Sections
294(b), 427 and 506 of the Indian Penal Code involved in this
case are not heinous and very serious in nature, and the
dispute has been settled between the petitioner and defacto
complainant, this is a fit case in which further proceedings
can be quashed.
In the result, this Crl.M.C is allowed. All further
proceedings in C.C. No.385/2021 on the file of the Judicial
First Class Magistrate Court-II, Thiruvananthapuram arising
from Crime No.1613/2021 of Fort Police Station,
Thiruvananthapuram, is quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT OF
THE 2ND RESPONDENT IN CRIME NO.
1613/2021 OF FORT POLICE STATION,
THIRUVANANTHAPURAM DISTRICT 133/2021
Annexure 2 ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 3RD RESPONDENT
RESPONDENT'S ANNEXURES: NIL
