Kerala High Court
Sreenath vs State Of Kerala on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
CRL.MC NO. 9383 OF 2023
CRIME NO.253/2023 OF Chengannoor Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1223 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONERS/ACCUSED NO.1,2 AND 3:
1 SREENATH
AGED 38 YEARS
S/O. RAMAKRISHNAN, KANDATHIPARAMBIL HOUSE,
ERAMALLOOR, PUTHUPPALLI,
KOTTAYAM,
PIN - 686002
2 SUSHAMA
AGED 59 YEARS
W/O. RAMAKRISHNAN, KANDATHIPARAMBIL HOUSE,
ERAMALLOOR, PUTHUPPALLI,
KOTTAYAM,
PIN - 686002
3 RAMAKRISHNAN
AGED 73 YEARS
S/O. NARAYANAN ACHARI, KANDATHIPARAMBIL HOUSE,
ERAMALLOOR, PUTHUPPALLI,
KOTTAYAM,
PIN - 686002
BY ADVS.
ALEX K.JOHN
SRAYAS JOSEPH
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SOORYA
AGED 35 YEARS
D/O. SULEKHA, SURYA NIVAS,
THIRUVAMBADY EDAVAMKATTU MURI,
CHERIYANADU, CHEGANNOOR,
CRL.MC NO.9383 OF 2023
2
ALAPPUZHA DISTRICT,
PIN - 689511
3 STATION HOUSE OFFICER
CHEGANNOOR POLICE STATION,
CHEGANNOOR P.O, ALAPPUZHA DISTRICT.,
PIN - 689121
BY ADV
M P PRASANTH - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO.9383 OF 2023
3
ORDER
Dated this the 12th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
the proceedings of CC No.1223/2023 pending on the files of the
Judicial First Class Magistrate Court, Chengannoor in which
the FIR dated 31.03.2023 and Final charge dated 31.03.2023 in
Crime No.253/2023 before the Judicial First Class Magistrate
Court, Chengannoor.
2. Heard the learned counsel for the petitioner, the
learned counsel appearing for the de facto complainant and the
learned Public Prosecutor.
3. In this matter, offences punishable under Sections
498-A and 34 of IPC are alleged to have been committed by the
accused.
4. It is submitted that the matter has been amicably
settled and the de facto complainant filed affidavit in this
regard in a case involving matrimonial dispute.
CRL.MC NO.9383 OF 2023
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and statement
of the de facto complainant to that effect has been recorded.
6. Since the dispute has been settled in between
husband and wife, there is no reason to disallow the prayer for
quashment, so as to facilitate peaceful living of the parties
hereinafter. Therefore, in the interest of justice, I am inclined
to allow this petition.
In the result, this petition stands allowed and the
proceedings of CC No.1223/2023 pending on the files of the
Judicial First Class Magistrate Court, Chengannoor in which
the FIR dated 31.03.2023 and Final charge dated 31.03.2023 in
Crime No.253/2023 before the Judicial First Class Magistrate
Court, Chengannoor stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
MSA
CRL.MC NO.9383 OF 2023
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 23.02.2023 IN
CRIME NO.253/2023 OF CHEGANNOOR POLICE
Annexure A2 THE TRUE COPY OF THE FINAL REPORT DATED
31.03.2023 BEFORE THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
CHEGANNOOR FILED BY CHEGANNOOR POLICE
IN CRIME NO.253/2023 OF CHEGANNOR
POLICE
Annexure A3 THE ORIGINAL OF THE AFFIDAVIT EXECUTED
BY THE 2ND RESPONDENT DATED 20.07.2023
