Anilkumar vs State Of Kerala
2024 Latest Caselaw 11375 Ker

Kerala High Court

Anilkumar 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. 9975 OF 2023
  CRIME NO.2566/2016 OF POOYAPALLY POLICE STATION, KOLLAM
  AGAINST THE ORDER/JUDGMENT DATED IN CC NO.277 OF 2017 OF
    JUDICIAL MAGISTRATE OF FIRST CLASS -II,KOTTARAKKARA


PETITIONERS/ACCUSED:

    1    ANILKUMAR
         AGED 39 YEARS
         S/O RAGHAVAN, ANIL MANDIARAM NADUKKUNNU, KOTTARA
         MURI, VELIYAM VILLAGE, KOLLAM DISTRICT,
         PIN - 691540
    2    RAGHAVAN
         AGED 69 YEARS
         S/O KUNJIRAMAN NAIR, ANIL MANDIARAM NADUKKUNNU,
         KOTTARA MURI, VELIYAM VILLAGE, KOLLAM DISTRICT,
         PIN - 691540
    3    LALITHA
         AGED 61 YEARS
         W/O RAGHAVAN, ANIL MANDIARAM NADUKKUNNU, KOTTARA
         MURI, VELIYAM VILLAGE, KOLLAM DISTRICT,
         PIN - 691540
         BY ADVS.
         K.V.ANIL KUMAR
         SWAPNA VIJAYAN
         RADHIKA S.ANIL
         NANMA.B.B


RESPONDENTS/STATE & COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
         KERALA, PIN - 682031
    2    STATION HOUSE OFFICER
         POOYAPPALLY POLICE STATION, KOLLAM DISTRICT,
         PIN - 691540
                                  2
Crl.M.C. No.9975 of 2023


     3    REJI
          AGED 26 YEARS
          D/O RAJENDRAN, REJI NIVAS, NEDUMANCAVU, KAREEPRA
          VILLAGE, KOLLAM DISTRICT, PIN - 691509
          BY ADV
          SRI.G.SUDHEER - 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.9975 of 2023


                    C. PRATHEEP KUMAR, J
              -----------------------------------------------
                  Crl.M.C. No. 9975 of 2023
              ------------------------------------------------
             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 3 in Crime

No.2566/2016 of Pooyappally Police Station, Kollam, which is

pending as C.C. No.277/2017 on the file of the Judicial First

Class Magistrate Court-II, Kottarakkara. The offences alleged

against the petitioners are punishable under Sections 498A

and 323 read with Section 34 of the Indian Penal Code.

2. The prosecution case is that: the accused 1 to 3 had

misused the defacto complainant's gold ornaments given by

her parents at the time of marriage and mentally and

physically harassed her demanding more dowry. On

16.09.2016 the accused 1 and 2 pushed the 3rd respondent

and the 3rd accused supported them for their illegal activities,

and thereby mentally and physically tortured her. 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 A2 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.

6. Considering the fact that the offences under Sections

498A and 323 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. 277/2017 on the file of the Judicial

First Class Magistrate Court-II, Kottarakkara arising from

Crime No.2566/2016 of Pooyappally Police Station, Kollam is

quashed.

Sd/-

C.PRATHEEP KUMAR JUDGE BR

PETITIONER'S ANNEXURES Annexure-A1 CERTIFIED COPY OF THE FIR AND FIS DATED 27.12.2016 IN CRIME NO. 2566 / 2016 OF POOYAPPALLY POLICE STATION Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT DATED 28.03.2017 IN CRIME NO. CRIME NO. 2566 / 2016 OF POOYAPPALLY POLICE STATION Annexure-A3 AFFIDAVIT OF THE 3RD RESPONDENT DATED 04.11.2023

RESPONDENT'S ANNEXURES: NIL