Kerala High Court
Nithin K.P 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. 9222 OF 2023
CRIME NO.335/2021 OF KALIKAVU POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1136 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONERS/ACCUSED NOS.1 TO 5:
1 NITHIN K.P.
AGED 28 YEARS
S/O. SIVADASAN, KUTTIPULIYAN HOUSE, ELAMKOOR P.O.,
MANJERI VIA., MALAPPURAM DISTRICT, PIN - 676122
2 SIVADASAN
AGED 56 YEARS
S/O. VELAYUDHAN, AGED 56 YEARS, KUTTIPULIYAN
HOUSE, ELAMKOOR P.O., MANJERI VIA., MALAPPURAM
DISTRICT, PIN - 676122
3 NISHA
AGED 44 YEARS
W/O. SIVADASAN, KUTTIPULIYAN HOUSE, ELAMKOOR P.O.,
MANJERI VIA., MALAPPURAM DISTRICT, PIN - 676122
4 JYOTHIKA
AGED 21 YEARS
D/O. SIVADASAN, AGED 21 YEARS KUTTIPULIYAN HOUSE,
ELAMKOOR P.O., MANJERI VIA., MALAPPURAM DISTRICT,
PIN - 676122
5 SUBIN KUMAR
AGED 24 YEARS
SUBIN KUMAR, S/O. SIVADASAN, AGED 24 YEARS,
KUTTIPULIYAN HOUSE, ELAMKOOR P.O., MANJERI VIA.,
MALAPPURAM DISTRICT, PIN - 676122
BY ADV
K.RAKESH
2
Crl.M.C. No.9222 of 2023
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
KALIKAVU POLICE STATION, MALAPPURAM DISTRICT,
PIN - 676525
3 NAMITHA T.P.
AGED 22 YEARS
D/O. MANI T.P., THOOVAMPARA HOUSE, KIZHAKKEPPURAM,
KOORAD, MALAPPURAM DISTRICT, PIN - 679339
BY ADV
SRI.M.C.ASHI - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.9222 of 2023
C. PRATHEEP KUMAR, J
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Crl.M.C. No.9222 of 2023
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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 accused Nos.1 to 5 in Crime
No.335/2021 of Kalikavu Police Station, Malappuram, which
is pending as C.C. No.1136/2021 on the file of the Judicial
First Class Magistrate Court-I, Manjeri. The offences alleged
against the petitioners are punishable under Sections 498A
and 406 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that: on 13.02.2021, the first
petitioner married the third respondent and while they were
living together, demanding dowry and also by
misappropriating the gold of the third respondent and
subjected her to cruelty. Hence, the accused have committed
the above offences.
3. According to the petitioners, 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, they prayed for quashing all further
proceedings in Annexure A final report.
4. The defacto complainant/third respondent 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 petitioners.
5. 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/third respondent also have been
filed, which substantiates the averments in her affidavit.
6. Considering the fact that the offences under Sections
498A and 406 read with Section 34 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
petitioners 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.1136/2021 on the file of the Judicial
First Class Magistrate Court-I, Manjeri arising from Crime
No.335/2021 of Kalikavu Police Station, Malappuram is
quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.335/2021 OF THE KALIKAVU POLICE
STATION
Annexure B AFFIDAVIT DATED 27-6-2023 EXECUTED BY
THE 3RD RESPONDENT
RESPONDENT'S ANNEXURES: NIL
