Kerala High Court
Ravichandran vs State Of Kerala on 16 June, 2025
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CRL.MC NO. 4654 & 4649 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
CRL.MC NO. 4654 OF 2025
CRIME NO.730/2021 OF Nadakkavu Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1320 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
(ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),
KOZHIKODE
PETITIONER/S:
RAVICHANDRAN
AGED 59 YEARS
S/O RAMACHANDRAN NAIR, NANGOLATH, ERANJIPALAM,
KOZHIKODE DISTRICT., PIN - 673006
BY ADVS.
SRI.ADITHYA RAJEEV
SMT.S.PARVATHI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 PRIYA RAVICHANDRAN
AGED 32 YEARS
D/O LATE GOVINDAN, 38/G 15, EAST HILL ROAD,
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CRL.MC NO. 4654 & 4649 OF 2025
2
KOZHIKODE DISTRICT., PIN - 673005
BY ADV SHRI. GIRISH KUMAR M S
OTHER PRESENT:
SMT PUSHPALATHA M.K., SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 16.06.2025, ALONG WITH Crl.MC.4649/2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 4654 & 4649 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
CRL.MC NO. 4649 OF 2025
CRIME NO.730/2021 OF Nadakkavu Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.21 OF
2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE
PETITIONER/ACCUSED:
RAVICHANDRAN
AGED 59 YEARS
S/O RAMACHANDRAN NAIR, NANGOLATH, ERANJIPALAM,
KOZHIKODE DISTRICT., PIN - 673006
BY ADVS.
SRI.ADITHYA RAJEEV
SMT.S.PARVATHI
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 PRIYA RAVICHANDRAN
AGED 32 YEARS
D/O LATE GOVINDAN, 38/G 15, EAST HILL ROAD,
KOZHIKODE DISTRICT., PIN - 673005
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CRL.MC NO. 4654 & 4649 OF 2025
4
BY ADV SHRI. GIRISH KUMAR M S
OTHER PRESENT:
SRI G SUDHEER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 16.06.2025, ALONG WITH Crl.MC.4654/2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 4654 & 4649 OF 2025
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ORDER
[Crl.MC Nos.4654/2025, 4649/2025]
The accused in S.C.No.1320/2024 on the files of the
Additional Sessions Court (Atrocities & Sexual Violence Against
Women & Children), Kozhikode, who is the accused in
C.C.No.21/2022 on the files of the Judicial First Class Magistrate
Court-IV, Kozhikode, has filed these petitions to quash the
proceedings against him, in the said cases. The offences alleged
against him relates to the physical violence, alleged to have been
perpetrated by the petitioner upon his wife, who is the defacto
complainant, in both these cases.
2. S.C.No.1320/2024, arose out of a protest
complaint filed by the defacto complainant, pursuant to the refer
charge submitted by the Nadakkavu Police, Kozhikode.
C.C.No.21/2022 arose out of the Final Report filed by the Nadakkavu
Police Station in Crime No.730/2021.
3. In the petitions filed in these cases, the petitioner
would contend that none of the offences alleged against him are
attracted in the facts and circumstances of the case. It is further
stated that the issue has been amicably settled with the defacto
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complainant, and that she is not having any subsisting grievance, in
connection with the crimes alleged against the petitioner.
4. Heard the learned counsel for the petitioner, the
learned counsel for the defacto complainant and the learned Public
Prosecutor representing the State of Kerala.
5. The aggrieved person, who is the wife of the
petitioner, has filed affidavits in both these cases, stating that the
issues involved have been amicably settled with the petitioner, and
that she has no subsisting grievance. It is further stated in the
affidavits that the defacto complainant (2nd respondent in both these
Crl.M.C.s), has no objection in quashing the proceedings.
6. The learned Public Prosecutor, upon instructions,
submitted that the defacto complainant had given statement to the
Investigating Officer in the case related to Crl.M.C.No.4654/2025,
that the issue has been amicably settled, and that she has no
subsisting grievance.
7. It appears that the cases against the petitioner,
are the offshoot of the domestic issues between the petitioner and
his wife, which is purely private in nature. Now that they have
settled the issues, and the defacto complainant is not having any
grievance at all.
8. In that view of the matter, quashment of the
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CRL.MC NO. 4654 & 4649 OF 2025
proceedings against the petitioner, is highly necessary to maintain
the harmonious relationship between the parties. That apart, the
continuance of prosecution proceedings in these cases, will not
serve any purpose, since the person aggrieved by the offence, is not
at all interested in proceeding against the petitioner, who is none
other than her husband.
9. Therefore, the prayer of the petitioner in both
these cases, to quash the proceedings against him, has to be
allowed.
In the result, both these Crl.M.C.s stand allowed. The
proceedings against the petitioner/accused in S.C.No.1320/2024 on
the files of the Additional District & Sessions Court (Atrocities &
Sexual Violence Against Women & Children), Kozhikode, and in
C.C.No.21/2022 of the Judicial First Class Magistrate Court-IV,
Kozhikode, are hereby quashed.
sd/
G.GIRISH
JUDGE
jm/
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PETITIONER ANNEXURES
Annexure-I CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 01-11-2021 IN
CRIME NO.730 OF 2021 OF THE NADAKKAVU
POLICE STATION, KOZHIKODE
Annexure-II CERTIFIED COPY OF THE FINAL REPORT IN
IN CRIME NO.730 OF 2021 OF THE
NADAKKAVU POLICE STATION, KOZHIKODE
Annexure-III A TRUE COPY OF C.M.P NO. 84 OF 2023
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-IV, KOZHIKODE DATED
23-01-2023
Annexure-IV AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 14-02-2025
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PETITIONER ANNEXURES
Annexure-I CERTIFIED COPY OF C.M.P NO. 84 OF 2023
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-IV, KOZHIKODE DATED
23-01-2023
Annexure-II CERTIFIED COPY OF THE B DIARY IN S.C
NO. 1320 OF 2024 OF THE ADDITIONAL
DISTRICT AND SESSIONS COURT (FOR THE
TRIAL OF CASES RELATING TO SEXUAL
VIOLENCES TOWARDS WOMEN AND CHILDREN),
KOZHIKODE
Annexure-III TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 01-11-2021 IN CRIME
NO.730 OF 2021 OF THE NADAKKAVU POLICE
STATION, KOZHIKODE
Annexure-IV AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 14-02-2025
