Kerala High Court
Kripesh K vs State Of Kerala on 27 March, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 2009 OF 2024
CRIME NO.1400/2023 OF Thaliparamba Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2325 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
PETITIONER/S:
1 KRIPESH K
AGED 33 YEARS
S/O KUNJIKRISHNAN, VRINDAVAN HOUSE, KARAYAPPA,
CHELERI (P 0), KANNUR., PIN - 670604
2 KUNJIKRISHNAN
AGED 75 YEARS
S/O KUNJIRAMAN,VRINDAVAN HOUSE, KARAYAPPA, CHELERI (P
0), KANNUR., PIN - 670604
BY ADVS.
PRANOY K.KOTTARAM
SIVARAMAN P.L
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER TALIPARAMBA
POLICE STATION, KANNUR DT THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -
682031
2 ATHULYA P
AGED 28 YEARS
D/O GOVINDAN, SOPANAM HOUSE, EAST NADA, THRICHAMBARAM
(P 0), TALIPARAMBA, KANNUR., PIN - 670141
BY ADV ATHUL BABU
OTHER PRESENT:
PP VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2009 of 2024
2
ORDER
Dated this the 27th day of March, 2024
Petitioners are accused Nos. 1 and 2 in Crime
No.1400 of 2023 registered at the Taliparamba
Police Station for the offence punishable under
Section 498A, now pending as C.C.No.2325 of 2023
on the files of the Judicial First Class
Magistrate Court, Taliparamba. The de facto
complainant is arrayed as the second respondent.
Annexure-C affidavit has been filed by the second
respondent stating that the matrimonial 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 no antecedents
are reported against the petitioners.
3. Having considered the gravity of the
offence alleged, nature of the injury caused and
having perused the affidavit, the contents of
which are vouched to be true and voluntary by the
Counsel for the second respondent, I am satisfied
that no public interest is involved in this matter
and the dispute has been settled amicably. 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-B final report and all further
proceedings in C.C.No.2325 of 2023 on the files
of the Judicial First Class Magistrate Court,
Taliparamba, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure A THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 06.09.2023 IN
CRIME NO. 1400/2023 OF TALIPARAMBA
POLICE STATION, KANNUR DISTRICT.
Annexure B CERTIFIED COPY OF FINAL REPORT IN CC
NO.2325/2023 DATED 25.09.2023 BEFORE
THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TALIPARAMBA
Annexure C THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT DATED 27. 12.2023 .
