Kerala High Court
Lijo C T vs State Of Kerala on 16 November, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
CRL.MC NO. 8259 OF 2023
CRIME NO.41/2023 OF Ernakulam North Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT SC 681/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN),
ERNAKULAM
PETITIONER/S:
LIJO C T
AGED 38 YEARS, THANKAPPAN CHINGAMTHARA HOUSE,KUMBALAM
DESOM,KUMBALAM(P.O) ERNAKULAM, PIN - 682506
BY ADVS.
MRINUAAL
RAJITHA V.K
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
E.T NORTH(KASBA), POLICE STATION,COCHIN, PIN - 600018
3 ASWATHY
AGED 31 YEARS
D/O SATHEESAN,PERMANETLY RESIDING AT, ASWATHY BHAVAN..
EZHUPUNNA SOUTH (P.O) KODAMTHURUTHY VILLAGE, CHERTALA
TALUK,ALAPUZZHA (DT) KERALA, , PRESENTLY RESIDING AT,
CHINGAMTHARA HOUSE, KUMBALAM DESOM, KUMBALAM (P.O0
ERANAKULAM (DT), PIN - 682506
BY ADV Advocate Nemom Chandra Babu Ayappan
OTHER PRESENT:
SRI NOUSHAD K.A. (SR PP) / SRI A CHANDRA BABU ( FOR
RESPONDENT)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No.8259/2023 -2-
ORDER
The petitioner is the accused in Crime No.41/2023 of Ernakulam Town North (Kasba) Police Station, Ernakulam District which is now pending as S.C.No.618/2023 before the 1st Additional & Sessions Court (POCSO), Ernakulam. The petitioner faces prosecution under Sections 354, 354-D, 323, 341, 308, 427, 451 and 506 of the Indian Penal Code.
2. When the matter is taken up for consideration today it is the submission of the learned counsel for the petitioner that all issues between the petitioner and the 3rd respondent (de facto complainant) have been settled. He also produced an affidavit of 3rd respondent as Annexure-A2.
3. Heard the learned Public Prosecutor and the learned counsel for 3rd respondent also.
4. Having regard to the facts and circumstances of the case and considering the fact that all issues between the petitioner and the 3 rd respondent have been settled and also considering Annexure-A2 affidavit of the 3rd respondent, I am of the view that this is fit case where, the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings against the petitioner can be quashed on the ground of settlement. Keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the proceedings against the Crl. M.C. No.8259/2023 -3- petitioner can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioner. The chances of a successful prosecution are remote. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner, in S.C.No.618/2023 before the 1st Additional & Sessions Court (POCSO), Ernakulam will stand quashed.
Sd/-
GOPINATH P. JUDGE AMG Crl. M.C. No.8259/2023 -4- APPENDIX OF CRL.MC 8259/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF FINAL REPORT DATED 08/02/2023 Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPALINANT DATED 29/09/2023