Kerala High Court
Vinod vs State Of Kerala on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 9973 OF 2023
CRIME NO.389/2018 OF THOTTILPALAM POLICE STATION,
Kozhikode
AGAINST THE ORDER/JUDGMENT CC 240/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,NADAPURAM
PETITIONER/ACCUSED:
VINOD
AGED 41 YEARS
S/O. BABY AYIRATHIL HOUSE, MOYILOTHARA POST,
MARUTHONKARA, KOZHIKODE DISTRICT,, PIN - 673513
BY ADV M.P.PRIYESHKUMAR
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SANTHI P.P
AGED 40 YEARS
D/O VIJAYAN, MARUTHUNKAL (HOUSE), CHAPPAN
THOTTAM POST, KOZHIKODE DISTRICT,, PIN - 673513
PP-SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL MC NO.9973/2023
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SOPHY THOMAS, J
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Crl.M.C.No.9973/2023
==========================
Dated this the 6th day of February, 2024
ORDER
This Crl.M.C. under Section 482 of CrPC is filed by the
accused in Crime.No.389/2018 of Thottilpalam Police Station,
Kozhikode, which is now pending as C.C.No.240/2019 on the
file of Judicial First Class Magistrate Court, Nadapuram,
registered under Sections 406, 498A, 506(1) and 323 of IPC, for
quashing Annexure 2 Final Report.
2. The prosecution allegation is that, the petitioner,
who is the husband of the 2 nd respondent/de-facto
complainant, subjected her to matrimonial cruelties and
misappropriated her gold ornaments and money, and on
30.03.2018 at 11 PM, he physically assaulted her and
threatened to kill her and her son, when she questioned him
about brewing of arrack at home.
3. When the matter is taken up for consideration,
learned counsel for the petitioner would submit that, the
matter has been amicably settled, and they produced
Annexure 3 affidavit filed by the de-facto complainant, stating
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that the entire dispute has been settled, and she is not
intending to prosecute this matter any further.
4. Learned Public Prosecutor obtained instructions
regarding the settlement, and produced signed statement of
the 2nd respondent, in which she has stated that, she has no
objection in quashing Annexure 2 Final Report and the
proceedings pursuant thereto. Since the matter stands settled,
this Court is of the view that, there is no purpose in proceeding
with the criminal prosecution initiated against the petitioner.
5. In the light of the principles laid down by the
Hon'ble Supreme Court in Gian Singh v. State of Punjab
and Another [(2012) 10 SCC 303] and State of Madhya
Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC
688], this Court is of the view that the proceedings can be
quashed on the basis of settlement.
In the result, this Criminal Miscellaneous Case is allowed,
and Annexure 2 Final Report in C.C.No.240/2019 on the file of
Judicial First Class Magistrate Court, Nadapuram, stands
quashed.
Sd/-
SOPHY THOMAS
JUDGE
ACR
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PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME
NO.389/2018 OF THOTTILPALAM POLICE
STATION, KOZHIKODE
Annexure 2 A CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.389/2018 WHICH IS NOW
PENDING AGAINST THE PETITIONER AS
C.C.NO.240/2019 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
NADAPURAM,
Annexure 3 THE AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 26.10.2023
