Kerala High Court
Santhoshkumar M.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. 2400 OF 2024
CRIME NO.47/2023 OF PERINGOME POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.485 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONER/ACCUSED:
SANTHOSHKUMAR M.P
AGED 50 YEARS
S/O.M.BALAN PANICKER NAVANEETHAM HOUSE,
KANKOLE P.O., PANOTH, PAYYANNUR, KANNUR
DISTRICT, PIN - 670307
BY ADVS.
M.SASINDRAN
P.K.SUBHASH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 VEENA M.
AGED 43 YEARS
W/O.SANTHOSHKUMAR M.P. NAVANEETHAM HOUSE, KANKOLE
P.O., PANOTH, PAYYANNUR, KANNUR DISTRICT,
PIN - 670307
BY ADVS
SRI.M.C.ASHI - PUBLIC PROSECUTOR
S.R.SREEJITH
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.2400 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 2400 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.47/2023
of Peringome Police Station, Kannur which is pending as C.C.
No.485/2023 on the file of the Judicial First Class Magistrate
Court, Payyannur. The offences alleged against the
petitioner are punishable under Sections 323 and 498A of the
Indian Penal Code.
2. The prosecution case is that: on 13.05.2001 the
marriage between the first petitioner and the defacto
complainant had been solemnized as per the custom and
while they were residing as husband and wife, the accused
harassed the defacto complainant and on 15.01.2023, the
accused attacked the defacto complainant and thereby she
sustained injury. Hence, the accused has committed the
above offences.
3. Adv. Sreejith S. R. appeared on behalf of the defacto
complainant and submitted that he has already filed the
vakalath.
4. According to the petitioner, the dispute has been
settled with the defacto complainant/ second respondent.
Both parties agreed to drop all further proceedings relating to
the above dispute. Therefore, he prayed for quashing all
further proceedings in Annexure-AII 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
323 and 498A 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. 485/2023 on the file of the Judicial
First Class Magistrate Court, Payyannur, arising from Crime
No.47/2023 of Peringome Police Station, Kannur , is quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
AnnexureAI A TRUE COPY OF THE FIR IN CRIME NO.
47/2023 OF PERINGOME POLICE STATION,
KANNUR DISTRICT DATED 16-01-2023
Annexure AII A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.47/2023 OF PERINGOME POLICE STATION
Annexure AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENT ENDORSING THE FACTUM
OF COMPOUNDING OF THE ABOVE SAID OFFENCE
AND THE SETTLEMENT OF DISPUTES BETWEEN
THE PARTIES
RESPONDENT'S ANNEXURES: NIL
