Kerala High Court
Manoj vs State Of Kerala on 20 May, 2025
2025:KER:34359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
CRL.MC NO. 3327 OF 2025
CRIME NO.1066/2012 OF PAVARATTY POLICE STATION, THRISSUR
IN Crl.A NO.146 OF 2019 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - IV, THRISSUR / III ADDITIONAL MACT,
THRISSUR
ARISING OUT OF THE JUDGMENT DATED 10.06.2019 IN CC NO.445
OF 2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD
PETITIONER/ACCUSED:
MANOJ
AGED 42 YEARS, S/O VELAYUDHAN,
THERIL HOUSE, VAILATHOOR VILLAGE,
ANJOOR DESOM, THRISSUR DISTRICT, PIN - 680 523
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
ANOOD JALAL K.J.
RESPONDENTS/STATE OF KERALA & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 SRIBINA
AGED 41 YEARS, D/O SREENIVASAN,
CHERAPARAMBIL HOUSE, POOVATHUR DESOM,
PAVARATTY VILLAGE, THRISSUR DISTRICT, PIN - 680 508
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Crl.M.C.No.3327 of 2025
-2-
BY ADV
VISHNU K. RAMESH
SRI G SUDHEER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C.No.3327 of 2025
-3-
G. GIRISH, J.
-----------------------------
Crl.M.C. No.3327 of 2025
-----------------------------------------
Dated this the 20th day of May, 2025
ORDER
The petitioner was the 1st accused in C.C.No.445 of 2013 on the
files of the Judicial First Class Magistrate Court, Chavakkad. He was
convicted and sentenced by the learned Magistrate under Section
498A IPC to Rigorous Imprisonment for a term of one year and a fine
of Rs.5,000/-. The appeal preferred by the petitioner against the
aforesaid conviction and sentence is now pending before the
Additional Sessions Court - IV, Thrissur. In the meanwhile, the issue
has been amicably settled between the petitioner and his erstwhile
wife, the defacto complainant. It is seen from the records that the
Family Court, Kunnamkulam, passed a decree of divorce on the basis
of a joint application filed under Section 13B of the Hindu Marriage
Act, by the petitioner and the defacto complainant.
2. In the present petition filed under Section 528 of the
BNSS, the petitioner seeks to quash all the proceedings initiated
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against him consequent to the registration of Crime No.1066 of 2013
of Pavaratty Police Station, Thrissur, which ultimately resulted in his
conviction and sentence for the offence under Section 498A IPC. The
reason stated is that all the issues between the petitioner and the
defacto complainant have been amicably settled, and the defacto
complainant is not interested in putting the petitioner behind the bars
or in getting the fine amount realised from him.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor representing the State of Kerala.
4. The defacto complainant has filed an affidavit stating that
the entire dispute between herself and the petitioner had been
amicably settled, and that she is not at all interested in the
enforcement of the conviction and sentence awarded by the Trial
Court against the petitioner. It is stated that she has no subsisting
grievance in the matter and that the proceedings initiated against the
petitioner consequent to the registration of Crime No.1066 of 2012 of
Pavaratty Police Station, are to be quashed.
5. On going through the facts and circumstances of the case,
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I am convinced of the fact that the issue involved in this case is purely
of private nature, and that there is absolutely no impact upon the
society or public at large as a result of the decision to be rendered in
this petition towards quashing the proceedings on the basis of the
compromise between the parties. The learned Public Prosecutor
submitted that, as per the instructions received from the Investigating
Officer, the defacto complainant had given a statement in tune with
the affidavit which she had filed before this Court.
6. Having regard to the aforesaid facts and circumstances of
the case, I am of the view that the enforcement of the conviction and
sentence awarded by the Trial Court upon the petitioner will not be in
the interests of justice, since the defacto complainant is not having
any subsisting grievance against him, and she wants the petitioner to
be exculpated from the offence alleged against him. There is
absolutely no purpose to be fulfilled by the enforcement of the
sentence awarded upon the petitioner since the issue, which is purely
of private nature, has been amicably settled between the parties. In
that view of the matter, I am inclined to allow the request of the
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petitioner to quash the proceedings against him.
In the result, the petition stands allowed. The conviction and
sentence of the petitioner as per judgment dated 10.06.2019 in
C.C.No.445 of 2013 on the files of the Judicial First Class Magistrate
Court, Chavakkad, in connection with the crime registered against the
petitioner as FIR No.1066 of 2013 of Pavaratty Police Station, are
hereby quashed.
Sd/-
G. GIRISH
JUDGE
ded
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PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR DATED 01/12/2012 AND
FINAL REPORT DATED 10/02/2013 IN CRIME NO.
1066/2012 OF PAVARATTY POLICE STATION,
THRISSUR DISTRICT
Annexure 2 A TRUE COPY OF THE JUDGMENT DATED 10/06/2019
PASSED BY THE JFCM, CHAVAKKAD IN C.C. NO.
445/2013.
Annexure 3 A TRUE COPY OF THE CRIMINAL APPEAL 146/2019
PENDING BEFORE THE IV ADDITIONAL DISTRICT
COURT, THRISSUR.
Annexure 4 THE AFFIDAVIT DATED 23/02/2025 SWORN BY THE
2ND RESPONDENT/DE-FACTO COMPLAINANT.
Annexure 5 A TRUE COPY OF THE OP 122/2025 DATED
10/03/2025 BY FAMILY COURT, KUNNAMKULAM.
