Kerala High Court
Manilal vs State Of Kerala on 23 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.MC No.10724 of 2023 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. 10724 OF 2023
CRIME NO.1291/2023 OF Chavara South Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.1291 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA
PETITIONER/ACCUSED:
1 MANILAL
AGED 46 YEARS
S/O SADASIVAN, CHUNDINEZHATHU, PUTHENSANKETHAM,
KOIVILA THEVALAKAKRA, KOLLAM, PIN - 691590
2 SHEELAJA
AGED 42 YEARS
W/O MANILAL, CHUNDINEZHATHU, PUTHENSANKETHAM, KOIVILA
THEVALAKAKRA, KOLLAM, PIN - 691590
3 GOPALAKRISHANAN
AGED 74 YEARS
CHUNDINEZHATHU, PUTHENSANKETHAM, KOIVILA THEVALAKAKRA,
KOLLAM, PIN - 691590
BY ADV SANIL KUNJACHAN
RESPONDENTS/STATE, COMPLAINANT & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SUB INSPECTOR OF POLICE
CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM-, PIN -
690524
3 DR. SHIJIMOL
AGED 33 YEARS
W/O RIPU R, NANACHAMVETIL THEKKETHL, THEVALAKKARA P.O,
KOVALA, KARUNAGAPPALLY, KOLLAM -, PIN - 691590
Crl.MC No.10724 of 2023 2
BY ADVS.
HARISH GOPINATH
MANJIMA UDAYAKUMAR(K/1235/2021)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.10724 of 2023 3
V.G.ARUN J.
-------------------------------
Crl.M.C.No.10724 of 2023
--------------------------------
Dated this the 23rd day of February 2024
ORDER
Petitioners are the accused in Crime No.1291/2023
registered at Chavara, Thekkumbhagam Police Station for
offences punishable under Sections 341,294(b),323,324,354 &
section 34 of IPC. The de facto complainant is arrayed as the
third respondent. Annexure A4 affidavit has been filed by the
third respondent stating that the dispute, which had compelled
her to file the complaint, leading to registration of the crime,
has been settled amicably and she has no subsisting grievance
against the petitioners.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioners have no criminal
antecedents.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavit,
the contents of which are vouched to be true and voluntary by
the learned Counsel for the third respondent, 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 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 A1 FIR
and all proceedings in Crime No.1291 of 2023 of Chavara
Thekkumbhagam Police Station, as against the petitioners,
are quashed.
Sd/-
V.G.ARUN
JUDGE
dpk
APPENDIX OF CRL.MC 10724/2023
PETITIONER ANNEXURES
Annexure CERTIFIED COPY OF THE FIR IN CRIME NO 1291 OF 2023
A1 OF CHAVARA THEKKUMBHAGAM POLICE STATION DAYED
27/11/2023
Annexure A2 TRUE COPY OF THE F.I.R IN CRIME NO. 1290 OF 2023 ON
THE FILE OF CHAVARA THEKKUMBHAGAM DATED 27/11/2023
Annexure A3 TRUE COPY OF THE AGREEMENT DATED 03/12/2023 ENTERED
INTO BETWEEN 1ST PETITIONER AND 3RD RESPONDENT
Annexure A4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED
3/12/2023
