Kerala High Court
Vijayakumar P P vs State Of Kerala on 18 July, 2025
2025:KER:53382
Crl.M.C No.5481 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
CRL.MC NO. 5481 OF 2025
CRIME NO.1576/2023 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1013 OF
2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY
PETITIONER/ACCUSED:
VIJAYAKUMAR P P
AGED 57 YEARS
SON OF LATE PADMANABHA PILLAI, PARAPPATH,
SARADALAYAM, MANJUMMEL(PO), ERNAKULAM (DIST),,
PIN - 683501
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.AHAMMED MIZWAR V.P.
RESPONDENT/COMPLAINANT/DEFACTO COMPLAINANT/CW1, CW2 & CW3:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SHOBHA
AGED 51 YEARS
DAUGHTER OF. KUTTAPPAN NAIR, ADWAITHAM (H),
KADAMATTOM ROAD, NEAR INDIRAJI BRIDGE,
VATTEKKUNNAM, ERNAKULAM DISTRICT., PIN - 682024
3 ASHWATHY VIJAYAKUMAR
AGED 26 YEARS
2025:KER:53382
Crl.M.C No.5481 of 2025
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DAUGHTER OF VIJAYAKUMAR, ADWAITHAM HOUSE,
KADAMATTOM ROAD, NEAR INDIRAJI BRIDGE,
VATTEKKUNNAM, ERNAKULAM DISTRICT, PIN - 682024
4 ADWAITH VIJAYAKUMAR
AGED 21 YEARS
SON OF VIJAYAKUMAR, ADWAITHAM HOUSE, KADAMATTOM
ROAD, NEAR INDIRAJI BRIDGE, VATTEKKUNNAM,
ERNAKULAM DISTRICT, PIN - 682024
BY ADV SHRI.GOKUL B.
OTHER PRESENT:
SRI SUDHEER G., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:53382
Crl.M.C No.5481 of 2025
3
ORDER
The petitioner is the accused in CC No.1013/2023 on the
files of the Judicial First Class Magistrate Court, Kalamassery.
The offence alleged against him is under Section 498A of the
Indian Penal Code, 1860.
2. In the present petition, the petitioner would contend
that the issue involved in this case has been amicably settled
with the defacto complainant and the other aggrieved persons,
and hence the proceedings against him are to be quashed.
3. Heard the learned counsel for the petitioner, the
learned counsel for the respondents 2 to 4 and the learned
Public Prosecutor representing the State of Kerala.
4. The defacto complainant and the other aggrieved
persons have filed affidavits before this Court stating that all the
issues between them and the petitioner have been amicably
2025:KER:53382
settled, and hence there is no need to continue the prosecution
against the petitioner.
5. The learned Public Prosecutor, upon instructions from
the Investigating Officer, submitted that the defacto complainant
and the other aggrieved persons had given statements to the
Investigating Officer also to the effect that the matter has been
amicably settled with the petitioner, and hence they are not at
all interested in continuing the prosecution against petitioner.
6. It appears that the dispute involved is purely of private
nature, and no purpose would be fulfilled by the continuance of
the prosecution in this case, and hence it is highly necessary to
terminate the prosecution proceedings to prevent abuse of
process of court. Such a course is also required to maintain the
harmonious relationship between the parties. Therefore, the
request in the present petition to quash the proceedings against
the petitioner, has to be allowed.
In the result, the petition stands allowed. The proceedings
against the petitioner/accused in CC No.1013/2023 on the files
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of the Judicial First Class Magistrate Court, Kalamassery which
arose out of Crime No.1576/2023 of Kalamassery Police Station,
Ernakulam, are hereby quashed.
Sd/-G.GIRISH, JUDGE
ma/18.07.2025
/True copy/
2025:KER:53382
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 1576/2023 OF KALAMASSSERY POLICE
STATION
Annexure 2 AN AFFIDAVIT DATED:- 11/06/2025 SWORN BY
2ND RESPONDENT
Annexure 3 AN AFFIDAVIT DATED:- 11/06/2025 SWORN BY
3RD RESPONDENT
Annexure 4 AN AFFIDAVIT DATED:- 11/06/2025 SWORN BY
4TH RESPONDENT
