Kerala High Court
Mary Aneetta Mendez vs State Of Kerala on 23 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.866of2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 866 OF 2024
CRIME NO.52/2022 OF Ernakulam North Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 611/2022 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/S:
1 MARY ANEETTA MENDEZ
AGED 22 YEARS
D/O. DOMINIC MENDEZ, VALIYAPARAMBIL HOUSE, KARSHAKA
ROAD, VADUTHALA P.O., ERNAKULAM, PIN - 682023
2 LUXY PERERA
AGED 43 YEARS
W/O. DOMINIC MENDEZ, VALIYAPARAMBIL HOUSE, KARSHAKA
ROAD, VADUTHALA P.O., ERNAKULAM -, PIN - 682023
BY ADVS.
SHERRY J. THOMAS
REBINSON M.P.
JOEMON ANTONY
ANTONY NILTON REMELO
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ELSY MENDEZ
AGED 82 YEARS
W/O.ANTONY, VALIYAPARAMBIL HOUSE, KARSHAKA ROAD,
VADUTHALA P.O., ERNAKULAM -, PIN - 682023
3 NANCY RONY
AGED 51 YEARS
W/O. FRANCIS RONY D'ZILVA, MANCHATTIPARAMBIL HOUSE,
CORREYA, PACHALAM P.O., PIN - 682012
BY ADVS.
Crl.M.C.No.866of2024 2
JOY GEORGE
PRAICY JOSEPH
TANYA JOY
ANIMMA JOSEPH
OTHER PRESENT:
SR.PP.K.P.HARISH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.866of2024 3
V.G.ARUN J.
-------------------------------
Crl.M.C.No.866 of 2024
--------------------------------
Dated this the 23rd day of February 2024
ORDER
Petitioners are the accused Nos. 1 and 2 in Crime
No.52/2022 registered at Ernakulam Town North Police Station
for offences punishable under Sections 323, 324, 294(b) and
Section 506 of IPC, now pending as CC No.611/2022 on the
files of the Additional Chief Judicial Magistrate Court,
Ernakulam. The de facto complainant and injured witness are
arrayed as respondents 2 and 3. Annexures A4 and A5
affidavits have been filed by respondents 2 and 3 stating that
the dispute, which had compelled them to file the complaint,
leading to registration of the crime, has been settled amicably
and they has no subsisting grievance against the petitioners.
2. Learned Counsel for the petitioner submits that the
counter case was also settled and as of now the parties are
living peacefully.
3. Heard the learned Public Prosecutor also, who, on
instructions, submits that no criminal antecedents are
reported against the petitioners.
4. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavits,
the contents of which are vouched to be true and voluntary by
the learned Counsel for the respondents 2 and 3, I am
satisfied that no public interest is involved in this matter and
the dispute has been settled amicably. Moreover, in view of
the settlement arrived at between the parties, there is no
possibility of the criminal proceedings ending in conviction. As
such, continuance of the proceedings against the petitioners
will amount to an abuse of process of court and hence, in view
of the legal position set out by the Honourable Supreme Court
in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC
582] and Gian Singh v State of Punjab and Another
[(2012) 10 SCC 303], there is no impediment in granting
the relief.
In the result, this Crl.M.C is allowed. Annexure-A2 Final
Report and all proceedings in C.C.No.611/2022 on the files of
the Additional Chief Judicial Magistrate Court, Ernakulam, as
against the petitioners, are quashed.
Sd/-
V.G.ARUN
JUDGE
dpk
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO.52/2022 OF ERNAKULAM TOWN NORTH POLICE STATION
DATED 13/01/2022
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
611/2022 IN CRIME NO. 52/2022 OF ERNAKULAM TOWN
NORTH POLICE STATION DATED 20-02-2022
Annexure A3 THE TRUE COPY OF THE MEDIATION AGREEMENT DATED
16-12-2023
Annexure A4 THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT DATED 12-01-2024
Annexure A5 THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT DATED 12-01-2024
