Citation : 2025 Latest Caselaw 7988 Ker
Judgement Date : 16 April, 2025
2025:KER:32603
CRL.MC NO. 2326 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
CRL.MC NO. 2326 OF 2025
CRIME NO.503/2019 OF KUNNICODE POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.781 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM
PETITIONER/ACCUSED:
AJO JOHN
AGED 38 YEARS
S/O JOHN O,
THAZHEPURA VEEDU,
THALAVOOR P.O, RANDALAMMOODU,
THALAVOOR, KOLLAM,,
PIN - 691508
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
VISHAK K.V.
ANU T.H.
RENJITH K.R.
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2025:KER:32603
CRL.MC NO. 2326 OF 2025
2
2 ANCY RAJU
AGED 35 YEARS
D/O RAJU A,
KIZHAKKEVILA PADINJATTATHIL,
NALLILA, NALLILA P.O,
NEDUMPANA, KOLLAM,, PIN - 691515
BY ADV JITHIN BABU A, FOR R2
BY SEENA C., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:32603
CRL.MC NO. 2326 OF 2025
3
T.R. RAVI, J.
--------------------------------------------
Crl.M.C. No.2326 of 2025
--------------------------------------------
Dated this the 16th day of April, 2025
ORDER
The petitioner has approached this Court to quash Annexure
A2 Final Report and all further proceedings under Sections 323,
498(A) read with Section 34 of the IPC.
2. The 2nd respondent is the de facto complainant and it
is stated that the issues between the parties have been amicably
settled. Annexure A3 is the affidavit sworn to by the 2 nd respondent.
This Court had on 10.03.2025 directed the learned Public Prosecutor
to get instructions as to the genuineness of the settlement claimed by
the petitioner and notice was also issued to the de facto complainant.
3. The de facto complainant has entered appearance
through counsel.
4. The learned Public Prosecutor on instructions
submitted that the parties have arrived at a settlement and the claim
made by the petitioner is genuine. The learned Public Prosecutor
submitted that the statement of the de facto complainant has also
been received.
2025:KER:32603 CRL.MC NO. 2326 OF 2025
In the above circumstances, I do not find any reason to
continue with the trial based on Annexure A2 Final Report. The
Criminal Miscellaneous Case is allowed and Annexure A2 Final Report
is quashed. Needless to say, no further proceedings in CC
No.781/2019 on the file of the Judicial First Class Magistrate Court,
Pathanapuram, arising out of Crime No.503 of 2019 of the Kunnicode
Police Station, Kollam District, is warranted.
Sd/-
T.R. RAVI JUDGE
Pn 2025:KER:32603 CRL.MC NO. 2326 OF 2025
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
503/2019 OF KUNNICODE POLICE STATION, KOLLAM DISTRICT ALONG WITH PRIVATE COMPLAINT DATED 08/04/2019 OF KUNNICODE POLICE STATION, KOLLAM DISTRICT
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED NIL IN CRIME NO. 503/2019 OF KUNNICODE POLICE STATION FILED BEFORE THE JFCM-3, PUNALUR
Annexure A3 THE 2ND RESPONDENT/DE-FACTO COMPLAINANT HAS SWORN AN AFFIDAVIT TO THE SAME. THE AFFIDAVIT DATED 16/02/2025 SWORN BY THE 2ND RESPONDENT
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