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Shijith vs State Of Kerala
2025 Latest Caselaw 79 Ker

Citation : 2025 Latest Caselaw 79 Ker
Judgement Date : 6 May, 2025

Kerala High Court

Shijith vs State Of Kerala on 6 May, 2025

CRL.MC NO. 1712 OF 2025              1
                                              2025:KER:33600
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

  TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947

                   CRL.MC NO. 1712 OF 2025

 CRIME NO.607/2021 OF Nedupuzha Police Station, Thrissur

        AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1080 OF

2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR

PETITIONER/ACCUSED   1 TO 4:

    1      SHIJITH
           AGED 32 YEARS
           S/O PREMAN, THAYYIL(H), NR MINI STADIUM,
           VATTAPPINY DESOM,KANNIMANGALAM(V), THRISSUR, PIN
           - 680027

    2      PREMAN
           AGED 62 YEARS
           S/O SANKARANKUTTY, THAYYIL(H), NR MINI STADIUM,
           VATTAPPINNY DESHOM, KANNIMANGALAM (V), THRISSUR,
           PIN - 680027

    3      SHEEBA PREMAN
           AGED 54 YEARS
           W/O PREMAN, THAYYIL(H), NR MINI STADIUM,
           VATTAPPINNY DESHOM, KANNIMANGALAM (V), THRISSUR,
           PIN - 680027

    4      SHIMA
           AGED 24 YEARS
           D/O PREMAN, THAYYIL(H), NR MINI STADIUM,
           VATTAPPINNY DESHOM, KANNIMANGALAM (V), THRISSUR,
           PIN - 680027


           BY ADV SREERAJ M.D.


RESPONDENT/STATE/DEFACTO COMPLAINANT:
 CRL.MC NO. 1712 OF 2025                 2
                                                     2025:KER:33600
     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031

     2       HAREESHMA
             AGED 28 YEARS
             D/O RAMESH N K, NANDILATH PARAMBIL HOUSE,
             NEDUPUZHA P, NEDUPUZHA DESOM, KANIMANGALAM
             VILLAGE, THRISSUR TAALUK, THRISSUR DISTRICT,,
             PIN - 680007


             BY ADV AJMAL P.


OTHER PRESENT:

             SR PP - NOUSHAD K A


         THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   06.05.2025,    THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 1712 OF 2025               3
                                                2025:KER:33600
                              ORDER

The petitioners have approached this Court to quash

Annexure A3 Final Report and all further proceedings in

Crime No.607 of 2021 of Nedupuzha Police Station

pointing out that a settlement has been arrived at between

the parties.

2. Petitioners are the accused 1 to 4 in Crime

No.607/2024 of Nedupuzha Police Station, Thrissur and the

offences alleged against the petitioner are punishable

under Sections 506, 498A, 403, 406 r/w 34 Indian Penal

Code, 1860. The 2nd respondent is the defacto

complainant. Annexure A3 is the affidavit sworn in by her.

3. Heard the learned Public Prosecutor, the learned

counsel for the petitioners and the learned counsel for the

2nd respondent.

4. The averments in the Crl.M.C. and the affidavit

sworn in by respondent No.2 would show that the entire

disputes between the parties have been settled. The

learned Public Prosecutor, on instructions, submitted that a

statement of the defacto complainant was also received

wherein she reported that the matter has been amicably

2025:KER:33600 settled.

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

petitioners can be quashed taking note of the settlement

arrived at between the parties. No purpose would be

served by continuing with the proceedings against the

petitioners.

Crl. M.C. is allowed and Annexure A1 Final Report is

quashed. No further proceedings in C.C.No.1080/2021 on

the file of the Judicial First Class Magistrate Court II,

Thrissur, arising of Crime No. .607 of 2021 Police Station is

warranted.

sd/ SYAM KUMAR V.M. JUDGE

jm/

2025:KER:33600

PETITIONER ANNEXURES

Annexure A1 A CERTIFIED COPY OF THE F.I.R IN CRIME NO. 607/2021 OF NEDUPUZHA POLICE STATION, DATED 6/8/2021

Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT IN CC NO 1080/2021 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE -II, THRISSUR. DATED 27/9/2021

Annexure A3 THE AFFIDAVIT FILED BY RESPONDENT NO.2/DEFACTO COMPLAINANT DATED 5/1/2025

 
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