Kerala High Court
Abhilash vs State Of Kerala on 24 March, 2021
Author: V Shircy
Bench: V Shircy
Crl.M.C.1433/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.1433 OF 2021(H)
CC 227/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ATTINGAL
CRIME NO.1610/2012 OF Attingal Police Station,
Thiruvananthapuram
PETITIONER/ACCUSED:
ABHILASH, AGED 37 YEARS
S/O.RAVEENDRAN PILLAI, ARROW VILLA, KODUMAN,
ATTINGAL (P.O.), ATTINGAL,
THIRUVANANTHAPURAM - 695 101.
BY ADV. SRI.K.RAJESH KANNAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, ATTINGAL P.O.,
THIRUVANANTHAPURAM - 695 101.
3 INDU MOHAN
D/O.MOHANACHANDRAN PILLAI, PANAVELIL PUTHEN VEEDU,
MARUTHAMAN PALLI DESOM, POOYAPPALLY VILLAGE,
KOLLAM, PIN - 691 537.
R3 BY ADV. A.S.SHAMMY RAJ
OTHER PRESENT:
C.N.PRABHAKARAN- SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.1433/2021
2
ORDER
Dated this the 24th day of March 2021 Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the sole accused in Crime No. 1610 of 2012 of Attingal Police Station registered for the offences punishable under Section 498A of Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act, now pending as C.C. No. 227 of 2014 on the file of the Judicial First Class Magistrate-I, Attingal.
3. Heard both sides and perused the records.
4. It is submitted by the learned counsel for the petitioner that the parties have resolved the entire dispute among themselves and there is no subsisting dispute between them. Therefore, this petition to quash the final report. Crl.M.C.1433/2021 3
5. Learned counsel appearing for the 3 rd respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioner. Annexure IV, the affidavit sworn to by her, indicates that she has no intention to pursue the matter further.
6. The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition.
7. As the dispute has been amicably settled, the possibility of conviction is remote and bleak.
8. Therefore, considering the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of Crl.M.C.1433/2021 4 securing the ends of justice, this Crl.M.C. is only to be allowed.
For the foregoing reasons, Annexure II final report in Crime No. 1610 of 2012 of Attinal Police Station, now pending as C.C. No. 227 of 2014 on the file of the Judicial First Class Magistrate-I, Attingal, will stand quashed as prayed for.
Sd/-
SHIRCY V. JUDGE sb Crl.M.C.1433/2021 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE C.M.P.NO.6707/2012 FILED BY THE 3RD RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA DATED 4/12/2012.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1610/2012 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 12/12/2014 IN O.P.(HMA) NO.529/2014 ON THE FILE OF THE HONOURABLE FAMILY COURT, ATTINGAL.
ANNEXURE IV TRUE COPY OF THE ORIGINAL AFFIDAVIT DATED 18/2/2021 SWORN BY THE 3RD RESPONDENT.