Kerala High Court
Sanoop.A.K vs State Of Kerala on 28 October, 2020
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
Crl.MC.No.4449 OF 2020(E)
AGAINST THE JUDGMENT IN CC 575/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - I, KALPETTA
CRIME NO.163/2017 OF Meppadi Police Station , Wayanad
PETITIONERS:
1 SANOOP.A.K
AGED 28 YEARS
S/O. SHANAVAS, ARIKKUNNIL HOUSE, NEDUNGARANA RIPPON
POST, MOOPPAINADU VILLAGE, VYTHIRI TALUK, WAYANADU.
2 YUSUF,
AGED 58 YEARS
S/O. MUHAMMED, CHOLACKAL HOUSE,
NEDUNGARANA RIPPON POST, MOOPPAINADU VILLAGE, VYTHIRI
TALUK, WAYANADU.
3 MARIYAM,
AGED 51 YEARS
D/O. ABOOBACKER, ARIKKUNNIL HOUSE,
NEDUNGARANA RIPPON POST, MOOPPAINADU VILLAGE, VYTHIRI
TALUK, WAYANADU.
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 HABEEBA P.,
AGED 26 YEARS
D/O. KUNHIMUHAMMED, PUTHALAN HOUSE, VELLARMALA POST,.
CHOORALMALA, VYTHIRI TALUK, WAYANDU DISTRICT 673 121.
3 KUNHIMUHAMMED
AGED 52 YEARS
S/O. MOIDEEN, PUTHALAN HOUSE, VELLARMALA POST
CHOORALMALA, VYTHIRI TALUK, WAYANDU DISTRICT 673 121.
R2-3 BY ADV. G.VIDYA
Crmc 4449/2020 2
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 4449/2020 3
V.G.ARUN, J.
===========================
Crl.M.C.No.4449 of 2020
===========================
Dated this the 28th day of October, 2020
ORDER
Petitioners are the accused in Crime No.163 of 2017 registered at the Meppadi Police Station for offences punishable under Sections 406, 498A, 323, 354, 342, 341 r/w 34 of IPC, now pending as C.C.No.575 of 2020 on the file of Judicial First Class Magistrate Court, Kalpetta. The de facto complainant, at whose instance the crime was registered is the 2 nd respondent, and her father is the 3rd respondent. Annexure C and Annexure D affidavits have been filed by the 2nd and 3rd respondents stating that the matrimonial dispute, which was the reason for the complaint leading to registration of the crime, is resolved and that they have no subsisting grievance against the petitioners. It is submitted that the parties have decided to live separately and a joint petition for divorce has also been filed.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, Crmc 4449/2020 4 nature of the injury caused and having perused the affidavit filed by 2nd and 3rd respondents, 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.
4. In the result, this Crl.M.C is allowed. The proceedings in C.C.No.575 of 2020 on the file of Judicial First Class Magistrate Court, Kalpetta is quashed.
Sd/-
V.G.ARUN JUDGE lgk Crmc 4449/2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A A CERTIFIED COPY OF FIR IN CRIME NO.
163/2017 OF MEPPADI POLICE STATION IN WAYANADU DATED 08.06.2017.
ANNEXURE B A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE 1ST PETITIONER 1ST ACCUSED AND 2ND RESPONDENT DEFACTO COMPLAINANT DATED 16.06.2020.
ANNEXURE C THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DEFACTO COMPLAINT DATED 16.09.2020.
ANNEXURE D THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT FATHER OF DE-FACTO COMPLAINT DATED 16.09.2020.
ANNEXURE E THE CERTIFIED COPY OF FINAL REPROT REGISTERED AS C.C. NO. 575/2020 ON THE FILE OF JFCM KALPETTA.