Urumees vs State Of Kerala
2025 Latest Caselaw 81 Ker

Kerala High Court

Urumees vs State Of Kerala on 6 May, 2025

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                                                         2025:KER:33606


                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. 3749 OF 2025

        CRIME NO.611/2023 OF Angamali Police Station, Ernakulam

        AGAINST THE ORDER/JUDGMENT DATED IN CC NO.302 OF 2023 OF

JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY

PETITIONERS:

    1       URUMEES
            AGED 59 YEARS
            , S/O DEVASSY, MENACHERY HOUSE,
            KAVARAPPARAMBU, ANGAMALY VILLAGE,
            ERNAKULAM DISTRICT, PIN - 683572

    2       JOMON
            AGED 49 YEARS
            S/O ANTHONY, MENACHERY HOUSE,
            KAVARAPPARAMBU, ANGAMALY VILLAGE,
            ERNAKULAM DISTRICT, PIN - 683572


            BY ADV C.P.TENNY


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

    2       SIMON
            AGED 37 YEARS
            ENCHAKKADAN HOUSE, KIDANGOOR KARA,
            PAZHUPONGU BHAGAM, THURAVOOR VILLAGE,
            ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
                                  2

 CRL.MC NO. 3749 OF 2025                            2025:KER:33606

          BY ADV ASHEEK ANTONY


OTHER PRESENT:

          SR PP SREEJA V


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 3749 OF 2025                                     2025:KER:33606




                    SYAM KUMAR V.M., J.
           ------------------------------------------
                  Crl.MC. No. 3749 OF 2025
           ------------------------------------------
              Dated this the 06th day of May, 2025

                           ORDER

The Petitioner is the accused in Crime No. 573/2025 of

Angamaly Police station and the offences alleged against him are

punishable under Sections 126(2), 115(2), 118(1), 118(2) of

Bharatiya Nyaya Sanhitha (BNS), 2023.

2. The 2nd respondent is the defacto complainant. Annexure

A4 is the affidavit sworn in by him.

3. Heard the learned counsel for the petitioner and Adv. Sri.

Asheek Antony the learned counsel for the 2nd respondent as

well as the learned Public Prosecutor.

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

has also been received wherein she has reported that the matter has

been amicably settled.

CRL.MC NO. 3749 OF 2025 2025:KER:33606

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 parties.

No purpose would be served by continuing with the proceedings

against the petitioner.

Accordingly, the Crl. M.C. is disposed of. Annexure A3 Final

Report on the files of the Judicial First Class Magistrate Court-I,

Angamaly is quashed.

Sd/-

SYAM KUMAR V. M. JUDGE NJ

CRL.MC NO. 3749 OF 2025 2025:KER:33606

PETITIONER ANNEXURES

Annexure A1 ACCUSED COPY OF THE F.I.R IN CRIME NO. 611 OF 2023 OF ANGAMALY POLICE STATION, ANGAMALY DATED 23.07.2023

Annexure A2 ACCUSED COPY OF THE F.I.S IN CRIME NO. 611 OF 2023 OF ANGAMALY POLICE STATION, ANGAMALY DATED 23.07.2023

Annexure A3 ACCUSED COPY OF THE FINAL REPORT IN CRIME NO.

611 OF 2022 OF ANGAMALY POLICE STATION, JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY DATED 11.09.2023

Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 14.04.2025