Agnus Crasta vs State Of Kerala
2024 Latest Caselaw 27381 Ker

Kerala High Court

Agnus Crasta vs State Of Kerala on 11 September, 2024

                                                     2024:KER:69370

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                     CRL.MC NO. 7629 OF 2024

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.384 OF 2024

OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR

PETITIONER/ACCUSED:

            AGNUS CRASTA,
            AGED 70 YEARS
            W/O MARSAL D SOUZA, GOSADA HOUSE, MOVVAR.P.O,
            BADIYADUKKA (VIA), KSASARAGOD DISTRICT, PIN -
            671543


            BY ADV V.T.MADHAVANUNNI


RESPONDENTS/STATE AND COMPLAINANT:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, PIN - 682031

     2      SIBILA DAS.P.P.
            AGED 34 YEARS
            D/O MICHAELDAS, PARAMBIL PARAYIL HOUSE, ST.
            MARRIES NAGAR, PARIYARAM.P.O, PARIYARAM AMSOM,
            TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670502


OTHER PRESENT:

            PP M P PRASANTH


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   11.09.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 7629 OF 2024                   2



                                                           2024:KER:69370
                                    ORDER

Dated this the 11th day of September, 2024

This Criminal Miscellaneous Case has been filed under

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to

quash all further proceedings in C.C.No.384/2024 on the files of the

Judicial First Class Magistrate Court, Payyannur. The petitioner herein

is the sole accused in the above crime.

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), 406 r/w 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, arising out of a private complaint

lodged by the de facto complainant.

2024:KER:69370

5. Since this matter has been settled between parties,

arising out of a private complaint and the de facto complainant filed an

affidavit in support of settlement and the counsel appearing for both

sides conceded the settlement, 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 all further

proceedings in C.C.No.384/2024 on the files of the Judicial First Class

Magistrate Court, Payyannur, as against the petitioner/ accused stand

quashed.

Sd/-

A. BADHARUDEEN JUDGE

vnk/-

2024:KER:69370

PETITIONER ANNEXURES

Annexure A1 A CERTIFIED COPY OF THE COMPLAINT AS C.C.NO.223/2020 FILED BY THE 2ND RESPONDENT BEFORE THE JFCM COURT, PAYYANNUR, DATED 13.12.2019

Annexure A2 A TRUE COPY OF THE DOCKET ORDER IN C.M.P. NO. 9960/2019 IN C.C. NO. 223/220 DATED 6-2-2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR

Annexure A3 A CERTIFIED COPY OF THE JUDGMENT IN C.C. NO. 223/2020 DATED 12-4-2024 JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR

Annexure A4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 31.8.2024