Kerala High Court
Gopikrishnan vs State Of Kerala on 16 April, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
CRL.MC NO. 2436 OF 2025 1
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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. 2436 OF 2025
CRIME NO.587/2023 OF Viyyur Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1274 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
PETITIONERS:
1 GOPIKRISHNAN
AGED 33 YEARS
S/O RADHAKRISHNAN, NETTEDUKKAM HOUSE, ANASWARA,
OZHOOR, MALAPPURAM,, PIN - 676307
2 GANGADEVI
AGED 56 YEARS
M/O GOPIKRISHNAN, NETTEDUKKAM HOUSE, ANASWARA,
OZHOOR, MALAPPURAM,, PIN - 676307
3 GOUTHAM KRISHNA
AGED 28 YEARS
B/O GOPIKRISHNAN, NETTEDUKKAM HOUSE, ANASWARA,
OZHOOR, MALAPPURAM,, PIN - 676307
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
SANAL C.S
VISHAK K.V.
ANU T.H.
RENJITH K.R.
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 NEETHU
AGED 30 YEARS
D/O BABU, BINDHU NIVAS, CHERUR P.O, VIYYUR, THRISSUR
DISTRICT,, PIN - 671123
BY ADV VISHNUPRASAD NAIR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2436 OF 2025 3
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T.R.RAVI.J
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Crl.M.C. No. 2436 of 2025
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Dated this the 16th day of April, 2025
ORDER
The petitioners are accused in Crime No. 587 of
2023 of Viyyur Police Station, Thrissur District for offences
punishable under Section 498(A) of Indian Penal Code. The
2nd respondent is the defacto complainant.
2. The case has been filed on the averment that the
issues between the parties have been settled and the
defacto complainant is not interested in prosecuting the
matter any further. The affidavit of the defacto complainant
to that effect has been produced as Annexure A3. This Court
had directed the learned Public Prosecutor to acertain the
genuineness of the settlement claimed by the petitioner and
notice was also issued to the defacto complainant though the
Investigating Officer. The defacto complainant has appeared
through Counsel.
3. The learned Public Prosecutor submits that the
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settlement arrived at is genuine and that the statement has
also been received from the defacto complainant to that
effect.
4. In view of the settlement arrived at, I do not find
any reason to continue with the prosecution in this case.
The Crl.M.C. is allowed and all further proceedings in
Crime No. 587 of 2023 of Viyyur Police Station, Thrissur
District pending as C.C. No. 1274 of 2023 on the files of the
Judicial First Class Magistrate Court-I, Thrissur are quashed.
Sd/-
T.R.RAVI
JUDGE
ANS
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PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
587/2023 OF VIYYUR POLICE STATION,
THRISSUR DISTRICT ALONG WITH PRIVATE
COMPLAINT DATED 10/07/2023 OF VIYYUR
POLICE STATION, THRISSUR DISTRICT
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED
26/07/2023 IN CRIME NO. 587/2023 OF
THRISSUR POLICE STATION FILED BEFORE THE
JFCM-1, THRISSUR
Annexure A3 THE 2ND RESPONDENT/DE-FACTO COMPLAINANT
HAS SWORN AN AFFIDAVIT TO THE SAME. THE
AFFIDAVIT DATED 03/03/2025 SWORN BY THE
2ND RESPONDENT
