Kerala High Court
Xxxxxx vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 927 OF 2024
CRIME NO.317/2022 OF Kalpetta Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT CC 333/2022 OF CHIEF JUDICIAL
MAGISTRATE , KALEPETTA
PETITIONERS/ACCUSED:
1 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
4 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV C.M.NAZAR
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
ANJALI.M.R.
K.MINI MOLE (M-1356)(K/000307/1989)
SR.PP-SRI.VIPIN NARAYANAN
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.927 OF 2024 2
ORDER
This Crl.M.C. under Section 482 of Cr.P.C. is filed by the
accused in Crime No.317/2022 of Kalpetta Police Station,
Wayanad, registered under Section 498A read with Section 34 of
IPC and Section 75 of Juvenile Justice (Care and Protection of
Children) Act, 2015 for quashing the proceedings in
C.C.No.333/2022, on the file of Chief Judicial Magistrate Court,
Kalpetta.
2. The prosecution allegation is that, the petitioners who
are the husband and in-laws of the defacto complainant tortured
her physically and mentally, demanding more dowry, and
refused to take care of the child.
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 2 affidavit of the 2 nd
respondent, endorsing the factum of settlement, and stating
that, she has no intention to continue the prosecution. She has
no objection in quashing the proceedings in C.C.No.333/2022,
on the file of Chief Judicial Magistrate Court, Kalpetta.
4. Learned Public Prosecutor on instructions submitted that
the matter has been settled, and he produced 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.333/2022.
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 the settlement.
In the result, this Crl.M.C. is allowed and the proceedings in
C.C.No.333/2022, on the file of Chief Judicial Magistrate Court,
Kalpetta, stand quashed.
Sd/-
SOPHY THOMAS
JUDGE
SSK/23/02
APPENDIX OF CRL.M.C.NO.927 OF 2024
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.317/2022 OF THE KALPETTA POLICE STATION
Annexure 2 AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
