Kerala High Court
Praveen 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. 1880 OF 2024
CRIME NO.763/2022 OF Kuzhalmannam Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.197 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,PALAKKAD
PETITIONER/ACCUSED NOS.1 TO 4:
1 PRAVEEN
AGED 36 YEARS
S/O.NARAYANAN, POOVATHUM PARAMBIL, CHERUVARA
POST, PERUNTHALMANNA, MALAPPURAM, PIN - 679340
2 NARAYANAN
AGED 61 YEARS
S/O.KOPPAN, POOVATHUM PARAMBIL, CHERUVARA POST,
PERUNTHALMANNA, MALAPPURAM, PIN - 679340
3 SANTHA
AGED 54 YEARS,W/O. NARAYANAN, POOVATHUM
PARAMBIL, CHERUVARA POST, PERUNTHALMANNA,
MALAPPURAM, PIN - 679340
4 PRASHEEBA
AGED 29 YEARS
D/O. NARAYANAN, POOVATHUM PARAMBIL, CHERUVARA
POST, PERUNTHALMANNA, MALAPPURAM, PIN - 679340
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
2 DIVYA.D,
AGED 29 YEARS
D/O.DIWAKARAN, NADUTHARA VEEDU,KULAVANMUKKU,
KUZHALMANNAM, PALAKKAD, PIN - 678571
BY ADV UNNI SEBASTIAN KAPPEN
SR.PP. RENJITH GEORGE
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.1880/2024
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V.G.ARUN, J
=========================
Crl.M.C.No.1880 of 2024
==========================
Dated this the 27th day of March, 2024
ORDER
Petitioners are the accused in Crime No.763/2022
registered at the Kuzhalmannam Police Station for the offence
punishable under Sections 498A r/w 34 of IPC, now pending as
C.C.No.197/2023 on the files of the Judicial First Class
Magistrate - I, Palakkad. The de facto complainant, arrayed as
2nd respondent, has filed an affidavit 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. The learned Public Prosecutor, 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 2nd respondent, I am satisfied that
no public interest is involved in this matter and the dispute has
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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 1 Final
Report and all proceedings in CC No.197 of 2023 on the files of
the Judicial First Class Magistrate-I, Palakkad, as against the
petitioners, are quashed.
Sd/-
V.G.ARUN, JUDGE
ACR
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PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.197/2023 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE-I,
Annexure 2 THE AFFIDAVIT DATED 07.02.2024 SWORN
BY THE 2ND RESPONDENT HEREIN
EVIDENCING THE FACTUM OF SETTLEMENT
