Kerala High Court
Raveendran C. 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. 1996 OF 2024
CRIME NO.120/2023 OF CHEEMENI POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.996 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
RAVEENDRAN C. P
AGED 73 YEARS
S/O P GOPALAN, KORAYICHAL,THIMIRI VILLAGE,
KASARGOD DIST.,KERALA, PIN - 671123
BY ADVS.
RAHUL SASI
NEETHU PREM
P.ARDRA MENON
ALFIN NADARSHAW
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 RADHA. K
AGED 61 YEARS
W/O UNNIKRISHNAN, PALAYIVEED, KORAYACHA,THIMIRI
VILLAGE, KASARAGOD DIST., KERALA, PIN - 671315
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:
2
Crl.M.C. No.1996 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 1996 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.120/2023 of Cheemeni Police Station, Kasargod, which is
pending as C.C. No.996/2023 on the files of the Judicial First
Class Magistrate Court-I, Hosdurg. The offences alleged
against the petitioner are punishable under Sections 447 and
324 of the Indian Penal Code.
2. The prosecution case is that: on 19.03.2023 at about
6.17 pm the petitioner trespassed into the house of the
defacto complainant and wrongfully restrained, attacked her
with wooden sticks and caused injury. Hence, the accused
has committed the above offences.
3. According to the petitioner, the dispute has been
settled with the defacto complainant. Both parties agreed to
drop all further proceedings relating to the above dispute.
Therefore, he prayed for quashing all further proceedings in
Annexure A1.
4. 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.
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 also has been filed,
which substantiates the averments in her affidavit.
6. Considering the fact that the offences under Sections
447 and 324 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.996/2023 on the file of the Judicial
First Class Magistrate Court-I, Hosdurg arising from Crime
No.120/2023 of Cheemeni Police Station, Kasargod is
quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT
ALONG WITH THE MEMO OF EVIDENCE DATED
30.03.2023 IN CRIME NO. 120 OF 2023 OF
CHEEMENI POLICE STATION, KASARAGOD
Annexure 2 THE ORIGINAL OF THE AFFIDAVIT SIGNED BY
THE 2ND RESPONDENT DATED 05.01.2024
RESPONDENT'S ANNEXURES: NIL
