Saleel P.V vs State Of Kerala on 22 December, 2020

[Cites 5, Cited by 0]

Kerala High Court

Saleel P.V vs State Of Kerala on 22 December, 2020

Bench: V.G.Arun

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

                       CRL.MC.NO.5623 OF 2020(C)

 AGAINST THE ORDER/JUDGMENT IN CC 714/2015 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -II, ALUVA

    CRIME NO.337/2015 OF ELAMAKKARA POLICE STATION , ERNAKULAM


PETITIONER/S:

                SALEEL P.V.,
                AGED 49 YEARS
                S/O. ASSAINAR
                POOKOTTU VALAPPIL HOUSE,
                ANAKKARA, PALAKKAD,
                NOW RESIDING AT HOUSE NO.CCRA-33,
                MOTHER TERESA LANE,
                CHANGAMPUZHA ROAD, CHUTTUPADU KARA,
                EDAPPALLY P.O., ERNAKULAM, PIN-682 024.

                BY ADV. SRI.G.SANTHOSH KUMAR (P).

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA,
                ERNAKULAM, PIN-682 031.

      2         FOUSIYA
                AGED 40 YEARS
                D/O. P.U.MOHAMMED,
                8B, KALPAKA CASTLE, SUBASH NAGAR,
                PUNNAKKAL, ELAMAKKARA,
                ERNAKULAM, PIN-682 026

                R2 BY ADV. AFSANA ASHRAF

                R1 BY SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC.NO.5623 OF 2020
                                     2




                                ORDER

Dated this the 22nd day of December 2020 Petitioner is the accused in Crime No. 337/2015 registered at the Elamakkara Police Station for offences punishable under Sections 341, 294(b), 323 and 498 (A) of the IPC, now pending as C.C.No. 714/2015 on the files of the Judicial First Class Magistrate Court-II, Aluva. The de facto complainant/2nd respondent, at whose instance the crime was registered is the petitioner's wife. The matrimonial dispute, which led to registration of the crime, having been settled amicably, the 2nd respondent has filed Annexure-A3 affidavit, stating that she has no subsisting grievance in the matter and that the marriage has been dissolved through Court.

2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents.

3. Having considered the gravity of the offences CRL.MC.NO.5623 OF 2020 3 alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 714/2015 on the files of the Judicial First Class Magistrate Court-II, Aluva is quashed.

Sd/-

V.G.ARUN JUDGE avs CRL.MC.NO.5623 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COY OF THE F.I.R AND F.I.S IN CRIME NO.337/2015 OF ELAMAKKARA POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.714/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA.

ANNEXURE A3 AFFIDAVIT DATED 07.12.2020 SWORN BY THE 2ND RSPONDENT.

RESPONDENT'S/S EXHIBITS:

NIL avs //TRUE COPY// P.A TO JUDGE

Unlock Advanced Research with PRISMAI

Kerala High Court