Kerala High Court
Vijo.V.K vs State Of Kerala on 9 May, 2025
2025:KER:33681
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
CRL.MC NO. 3924 OF 2025
CRIME NO.576/2024 OF MALAYINKEEZH POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT IN CC NO.265 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, KATTAKADA
PETITIONER/ACCUSED:
VIJO.V.K
AGED 36 YEARS, S/O VIJAYAN,
REVI NIVAS, SHANTHUMMOOLA,
MALAYINKIL.P.O.,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695571.
BY ADVS.
AYYAPPAN SANKAR
S.HRIDYA
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
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Crl.M.C.No.3924 of 2025
:2:
2 SUB INSPECTOR OF POLICE
MALAYINKIL POLICE STATION, MALAYINKIL.P.O.,
THIRUVANANTHAPURAM, PIN - 695571.
3 RESHMA JOHN
AGED 30 YEARS, D/O JOHN WILLIAM (LATE),
GURU PREETH, MOONGODE.P.O., PEYAD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695573.
BY ADVS.
SRI.JINU P. BINU
SMT.MAYA M N, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C.No.3924 of 2025
:3:
ORDER
Dated this the 9th day of May, 2025
The petitioner has approached this Court to quash
Annexures - A1 and A2 and all further proceedings in Crime
No.576 of 2024 of Malayinkeezhu Police Station on the ground
of settlement arrived at between the parties.
2. The petitioner is the accused in the said crime
and the offences alleged against the petitioner are punishable
under Section 85 of the BNS. The 3 rd respondent is the defacto
complainant. Annexure-A3 is the affidavit sworn in by her.
3. Heard. Sri. Ayyappan Sankar on behalf of the
petitioner, Sri. Jinu P. Binu, the learned Counsel for appearing
for the 3rd respondent and the learned Public Prosecutor
appearing on behalf of respondents 1 and 2.
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4. Learned Public Prosecutor submits that the
matter has been amicably settled between the parties and the
genuineness of the settlement has been ascertained. The
statement of the defacto complainant, who is the 3 rd respondent
in the matter, has also been obtained and she confirms that the
matter has been settled in terms of Annexure-A3 affidavit to
which she has sworn on 04.04.2025. Sri. Jinu P. Binu,
appearing for the 3rd respondent, submits that the settlement
has been arrived at and that there are no outstanding disputes
between the parties.
5. In view of the dictum laid down by the Hon'ble
Supreme Court in Gian Singh v. State of Punjab [(2012) 10
SCC 303] and State of Madhya Pradesh v. Laxmi Narayan
[(2019) 5 SCC 688], I am of the opinion that the proceedings
against the petitioner can be quashed taking note of the
settlement arrived at between the victim and the offender. No
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purpose would be served by continuing with the proceedings
against the petitioner.
Crl.M.C. is allowed and Annexure-A1 FIR and
Annexure-A2 Final Report are quashed. No further proceedings
in C.C.No.265 of 2025 on the file of the Judicial First Class
Magistrate Court, Kattakada, arising of Crime No.576 of 2024 of
Malayinkeezhu Police Station as against the petitioner is
warranted.
Sd/-
SYAM KUMAR V.M.
JUDGE
ams
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PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R. AND FIS IN
CRIME NO.576/2024 DATED 20.07.2024 OF
MALAYINKIL POLICE STATION,
THIRUVANANTHAPURAM DATED 20.7.2024
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO. 265/2025 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE'S
COURT, KATTAKADA WHICH AROSE FROM CRIME
NO.576/2024 OF MALAYINKEEZHU POLICE
STATION, THIRUVANANTHAPURAM, DATED
25.11.2024
Annexure A3 ORIGINAL AFFIDAVIT SWORN BY 3RD
RESPONDENT DATED 04.04.2025
