Kerala High Court
Soudhamani C N vs State Of Kerala on 1 July, 2025
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.MC NO. 5437 OF 2025
CRIME NO.2571/2021 OF Vaikom Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.382 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS-I ,VAIKOM
PETITIONER/ACCUSED NOS.2 AND 3:
1 SOUDHAMANI C N
AGED 62 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM, PIN - 686608.
2 MEENU RAJ
AGED 29 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM, PIN - 68660
BY ADV SRI.C.R.SURESH KUMAR
RESPONDEN/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 VARSHA.K.P
RESIDING AT MEENAKSHI BHAVANAM,
KULASEKHARAMANGALAM P.O, TOLL JUNCTION,
KULASEKHARAMANGALAM VILLAGE, VAIKOM, NOW RESIDING
AT KAITHAVALAPPIL VEEDU, POOTHOTTA KARA,
POOTHOTTA P.O, MANAKUNNAM VILLAGE, KANAYANNUR
TALUK, ERNAKULAM, PIN - 682307
OTHER PRESENT:
SRI G SUDHEER, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01.07.2025, ALONG WITH Crl.MC.1636/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.MC NO. 1636 OF 2025
CRIME NO.2571/2021 OF Vaikom Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.382 OF 2022
OF JUDICIAL MAGISTRATE OF FIRST CLASS-I ,VAIKOM
PETITIONER/ACCUSED:
1 SURESH RAJ
AGED 31 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM NOW RESIDING AT GN. A TOLL
HOSPITAL/MINISTRY OF HEALTH, FUVAH MULAKH,
MALDIVES., PIN - 686608
2 RAJAMANI
AGED 68 YEARS
MEENAKSHI BHAVANAM, KULASEKHARAMANGALAM P.O, TOLL
JUNCTION, KULASEKHARAMANGALAM VILLAGE, VAIKOM,
KOTTAYAM, PIN - 686608
BY ADVS.
SRI.C.R.SURESH KUMAR
SHRI.VINEETH V.T.
SMT.AMRUTHA SURESH
RESPONDENT/COMPLAINANT/ DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
2 VARSHA K P
KAITHAVALAPPIL VEEDU, POOTHOTTA KARA, POOTHOTTA
P.O, MANAKUNNAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM, PIN - 682307
BY ADV SMT.SIKHA G.NAIR
SMT.PUSHPALATHA M.K.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01.07.2025, ALONG WITH Crl.MC.5437/2025, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
3
COMMON ORDER
The petitioners in Crl.M.C No.5437/2025 are accused
Nos.2 and 3 and the petitioners in Crl.M.C No.1636/2025 are
accused Nos.1 and 4 in C.C.No.382 of 2022 on the files of
the Judicial First Class Magistrate Court-I, Vaikom. The
offences alleged against them are under Sections 498A, 323
and 506 (ii) read with Section 34 of the Indian Penal Code,
1860.
2. In these petitions, the petitioners would contend that
the issue involved in these cases has been amicably settled
with the defacto complainant, and hence the proceedings
against them are to be quashed.
3. Heard the learned counsel for the petitioners, the
learned counsel for the 2nd respondent and the learned
Public Prosecutor representing the State of Kerala.
4. The defacto complainant has filed an affidavit
before this Court stating that all the issues between her and
the petitioners have been amicably settled, and hence there
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
is no need to continue the prosecution against the
petitioners.
5. The learned Public Prosecutor, upon instructions
from the Investigating Officer, submitted that the defacto
complainant had given statements to the Investigating
Officer also to the effect that the matter has been amicably
settled with the petitioners, and that she is not at all
interested in continuing the prosecution against
petitioners.
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 petitioners, has to be
allowed.
In the result, the petitions stand allowed. The
proceedings against the petitioners in Crl.M.C No.5437/2025
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Crl.m.c NoS 5437 & 1636 OF 2025
(accused Nos.2 and 3) and the petitioners in Crl.M.C
No.1636/2025 (accused Nos.1 and 4 ) in C.C.No.382/2022 on
the files of the Judicial First Class Magistrate Court - I,
Vaikom, which arose out of Crime No.2571/2021 of Vaikom
Police Station, Kottayam, are hereby quashed.
Sd/-G.GIRISH, JUDGE
ma/02.07.2025
True copy
2025:KER:47986
Crl.m.c NoS 5437 & 1636 OF 2025
PETITIONER ANNEXURES
Annexure A-1 CERTIFIED COPY OF THE FIR IN CRIME NO.
2571/2021 OF VAIKOM POLICE STATION DATED
27/12/2021
Annexure A-2 CERTIFIED COPY OF THE FINAL REPORT DATED
27/01/2022
Annexure A-4 CERTIFIED COPY OF JUDGEMENT DATED
24/6/2024 OF HON'BLE FAMILY COURT AT
ERNAKULAM IN OP NO : 2619/2011 AND OP NO
: 1134/2024.
Annexure A- 5 TRUE COPY OF THE AFFIDAVIT SIGNED BY THE
DEFACTO COMPLAINANT/ RESPONDENT DATED
25/01/2025.
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Crl.m.c NoS 5437 & 1636 OF 2025
PETITIONER ANNEXURES
Annexure A-1 A TRUE COPY OF THE FIR IN CRIME NO.
2571/2021 OF VAIKOM POLICE STATION DATED
27/12/2021
Annexure A-2 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.2571/2021 DATED 27/01/2022 ON THE
FILES OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-1 AT VAIKOM AS CC NO. 382/2022
Annexure A-3 A TRUE COPY OF THE AGREEMENT EXECUTED
BEFORE THE MEDIATION CENTER AT FAMILY
COURT, ERNAKULAM IN OP NO. 2619/2021
DATED 29.06.2024
Annexure A-4 A TRUE COPY OF COMMON JUDGMENT IN OP
NO : 2619/2011 AND OP NO : 1134/2024 OF
THE HON'BLE FAMILY COURT AT ERNAKULAM
DATED 24/07/2024
Annexure A-5 A TRUE COPY OF THE AFFIDAVIT SIGNED BY
THE DEFACTO COMPLAINANT/ 2ND RESPONDENT
DATED 25/01/2025
Annexure A-6 A TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT DATED 10.06.2025 IN
CRIMINAL MC NO: 1636 OF 2025
