Kerala High Court
Joseph @ Sunil 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. 10964 OF 2023
CRIME NO.656/2013 OF Mannarkkad Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1933 OF 2013
OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD
PETITIONER/SOLE ACCUSED:
JOSEPH @ SUNIL, AGED 48 YEARS
S/O.MATHEW, VALLUVAMBUZHA HOUSE,
KUMARAMPUTHUR.P.O, MANNARKKAD, PALAKKAD, PIN
- 678583
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, PIN - 682031
2 SIMI JOSEPH, AGED 39 YEARS
D/O.SKARIA, EDAKKATTU HOUSE, THAMBURANCHOLA,
KARIMBA.P.O, PALAKKAD, PIN - 678597
SRI.RENJITH GEORGE, SR.PP
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.10964/2023 2
V. G. ARUN J.
-------------------------------
Crl.M.C.No.10964 of 2023
--------------------------------
Dated this the 27th day of March, 2024
ORDER
Petitioner is the accused in Crime No.656/2013 registered at
the Mannarkkad Police Station, Palakkad for the offence
punishable under Section 498A of the Indian Penal Code, now
pending as C.C.No.1933/2013 on the files of the Judicial First
Class Magistrate Court, Mannarkkad. An affidavit has been filed
by the defacto complainant/2nd 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 petitioner.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioner has 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 defacto complainant/2nd 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-1 Final
Report and all proceedings in C.C.No.1933/2013 on the files of
the Judicial First Class Magistrate Court, Mannarkkad, as against
the petitioner, are quashed.
Sd/-
V. G. ARUN
JUDGE
Sbna/
APPENDIX OF CRL.MC 10964/2023
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.1933/ 2013 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE,
MANNARKKAD
Annexure 2 THE AFFIDAVIT DATED 23.03.2023 SWORN BY
THE 2ND RESPONDENT HEREIN EVIDENCING THE
FACTUM OF SETTLEMENT AND DULY ATTESTED
BY ASSISTANT CONSULAR OFFICER, EMBASSY
OF INDIA, ROME
