Kerala High Court
Sachin S/O Sudhir Mohan Raj vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
CRL.MC NO. 8028 OF 2023
CRIME NO.2467/2021 OF Pala Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT CC 25/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,PALA
PETITIONERS/ACCUSED NOS.1 AND 2:
1 SACHIN S/O SUDHIR MOHAN RAJ
AGED 34 YEARS
CHEMMANATT HOUSE, EDAPPILLY P.O, PIN - 682024
2 GIRIJA, W/O SUDHIR MOHAN RAJ
AGED 61 YEARS
CHEMMANATT HOUSE, EDAPPILLY P.O, ERNAKULAM DISTRICT,
PIN - 682024
BY ADVS.
M.P. ANITHA
TITUS MANI
P.A.JACOB
BINNY THOMAS
SWAROOP A.P.
RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 SRUTHI PRASAD, D/O. PRASAD
PENGANPARAYIL HOUSE, VILAKKUMADAM, POOVARANI VILLAGE,
KOTTAYAM DISTRICT, PIN - 686577
BY ADV VISHNU C
OTHER PRESENT:
SR.PP-SRI.RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.8028 OF 2023 2
ORDER
This Crl.M.C. under Section 482 of Cr.P.C. is filed by the
accused in Crime No.2467/2021 of Pala Police Station, Kottayam,
registered under Sections 498A of IPC, for quashing the
proceedings in C.C.No.25/2022, on the file of Judicial First Class
Magistrate Court-I, Pala.
2. The prosecution allegation is that, the petitioners who are
the husband and mother in-law of the defacto complainant
subjected her to matrimonial cruelties, both physical and mental,
demanding more money and gold.
3. When the matter is taken up for consideration, learned
counsel for the petitioners would submit that the matter stands
settled, and they produced Annexure-A3 affidavit of the 2 nd
respondent, endorsing the factum of settlement, and stating that,
she has no intention to continue with the prosecution. She has no
objection in quashing the proceedings in C.C.No.25/2022, pending
against the petitioners before Judicial First Class Magistrate Court-
I, Pala.
4. Learned Public Prosecutor on instructions submitted that
the matter has been settled, and he produced the signed
statement of the 2nd respondent, stating that as the matter is
settled, she has no objection in quashing the proceedings in
C.C.No.25/2022.
5. Since the matter stands settled, no purpose would be
served by continuing the prosecution against the petitioners.
6. In the light of the principles laid down by the Apex Court
in Gian Singh v. State of Punjab and Another; [(2012) 10
SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan
and Others; [(2019) 5 SCC 688], this Court is of the view that
the proceedings against the petitioners can be quashed on the
basis of settlement. Moreover, the dispute is purely personal in
nature, and no public interest is involved in it.
In the result, this Crl.M.C. is allowed and the proceedings in
C.C.No.25/2022 on the file of Judicial First Class Magistrate Court-I,
Pala, stand quashed.
Sd/-
SOPHY THOMAS
JUDGE
ska
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE FIR NO.2467/2021 OF PALA
POLICE STATION
Annexure-A2 TRUE COPY OF THE FINAL REPORT
Annexure-A3 AFFIDAVIT IN ORIGINAL FILED BY 2ND RESPONDENT
