Kerala High Court
Jyothish M.V vs State Of Kerala on 13 May, 2025
CRL.MC NO. 3773 OF 2025 1
2025:KER:33756
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CRL.MC NO. 3773 OF 2025
CRIME NO.101/2025 OF RAILWAY POLICE STATION, KASARGOD,
KASARGOD
PETITIONER/ACCUSED NO.1:
JYOTHISH M.V
AGED 46 YEARS
S/O.KUNCHAPPA NAIR, MELE VEETTIL HOUSE,
THILANNJUR THAZHE CHOVVA, THAZHE CHOVVA,
KANNUR,, PIN - 670018
BY ADVS.
BEJOY JOSEPH P.J.
GOVIND G. NAIR
BONNY BENNY
BALU TOM
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 VIDYA.T.V.
W/O.GANESAN.M., KANAKKIL HOUSE,
ELAMBACHI, P.O.ELAMBACHI, THRIKARPUR VILLAGE,
HOSDURG TALUK, KASARAGOD, PIN - 671311
BY ADVS..
SMT. REKHA S., PUBLIC PROSECUTOR
AMALJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 3773 OF 2025 2
2025:KER:33756
MOHAMMED NIAS C. P. , J.
.................................................
Crl.M.C No.3773 of 2025
.......................................................
Dated this the 13th day of May, 2025
ORDER
The petitioner is the accused in Crime No.101/2025 of the
Railway Police Station, Kasaragod District, and the offences alleged
against the petitioner are under Sections 74, 75(2), 75(1)(i) of the
Bharatiya Nyaya Sanhita (BNS), 2023.
2. The petitioner is working in the Indian Army as a
Junior Engineer. He has many more years to serve the country.
The 2nd respondent herein is the defacto complainant. The
allegation is that on 04.04.2025, while the defacto complainant was
travelling in the train, the petitioner had touched her buttocks and
thereby committed the aforesaid offences.
3. Heard the learned counsel for the petitioner, the
learned Public Prosecutor, as well as the learned counsel for the 2 nd
respondent.
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4. It is submitted by respective counsel that the petitioner
and the 2nd respondent have arrived at an amicable settlement, and
Annexure A2 is the affidavit filed. The affidavit, inter alia, states
that all the disputes are settled and that the pendency of criminal
proceedings would cause hardship to all the parties.
5. From the submission across the Bar and perusing the
Criminal M.C. and the affidavit referred above, I am satisfied that
there has been an amicable settlement and that there are no
vitiating circumstances in the 2nd respondent filing the affidavit.
No purpose will be served by continuing the proceedings in the
above circumstances.
6. In view of the judgment of the Hon'ble Supreme Court
in Gian Singh v. State of Punjab and another [2012 (10) SCC 303],
Narinder Singh and Others v. State of Punjab and Another [(2014) 6
SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and
Another [(2014) 9 SCC 653] and considering the facts and
circumstances of the case and in exercise of power of this Court
under Section 482 of the Code of Criminal Procedure, I hereby
quash Annexure A1 FIR and all further proceedings in Crime
No.101 of 2025 of Railway Police, Kasaragod Railway Station against
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this petitioner.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
Anu
2025:KER:33756
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME
NO.101/2025 OF RAILWAY POLICE,
KASARAGOD RAILWAY STATION DATED
04.04.2025
Annexure A2 THE ORIGINAL OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT DATED 08.04.2025
