Kerala High Court
Saran Venkitesh vs State Of Kerala on 9 October, 2025
2025:KER:74767
Crl.M.C.No.8270/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
CRL.MC NO. 8270 OF 2025
CRIME NO.463/2024 OF KASABA POLICE STATION, PALAKKAD, PALAKKAD
IN CC NO.831 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,PALAKKAD
PETITIONERS/ACCUSED 1 TO 4 :
1 SARAN VENKITESH,
AGED 36 YEARS
S/O. SHANMUGHAVEL,
3/63, KAMACHIYAMMAN KOVIL STREET,
KOPPANURPUDUR, KINATHUKADAVU,
KOPALANKARAL, COIMBATORE,
TAMIL NADU,
PIN - 642002
2 SHANMUGHAVEL,
AGED 75 YEARS
S/O. ARUMUGHAN,
3/63, KAMACHIYAMMAN KOVIL STREET,
KOPPANURPUDUR,
KINATHUKADAVU,
KOPALANKARAL, COMBATORE,
TAMIL NADU,
PIN - 642002
3 MOHANRAJ,
AGED 37 YEARS
S/O. SHANMUGHAVEL,
3/63, KAMACHIYAMMAN KOVIL STREET,
KOPPANURPUDUR, KINATHUKADAVU,
KOPALANKARAL, COMBATORE,
TAMIL NADU,
PIN - 642002
2025:KER:74767
Crl.M.C.No.8270/2025
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4 VISHNUKUMAR,
AGED 35 YEARS
S/O. SHANMUGHAVEL,
3/63, KAMACHIYAMMAN KOVIL STREET,
KOPPANURPUDUR, KINATHUKADAVU,
KOPALANKARAL, COMBATORE,
TAMIL NADU,
PIN - 642002
BY ADV SRI.THOMSTINE K.AUGUSTINE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 ASWATHY,
AGED 31 YEARS
D/O. RAJENDRAN, B-39,
PRECOT MILL COLONY,
KANJIKODE WEST P.O.,
PALAKKAD TALUK, PALAKKAD DISTRICT,
PIN - 678623
BY ADV SMT.BEENA V.
SMT PUSHPALATHA M.K., SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:74767
Crl.M.C.No.8270/2025
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ORDER
The petitioners are accused Nos.1 to 4 in C.C.No.831/2024 on the files of the Judicial First Class Magistrate Court-I, Palakkad, which arose out of Crime No.463/2024 of Kasaba Police Station, Palakkad. The offence alleged against them is under Section 498A read with Section 34 of the Indian Penal Code, 1860.
2. In the present petition, the petitioners would contend that the issue involved in this case has been amicably settled with the de facto complainant, and hence the proceedings against them are to be quashed.
3. Heard the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Public Prosecutor representing the State of Kerala.
4. The de facto complainant has filed an affidavit before this Court stating that all the issues between her and the petitioners have been amicably settled, and hence there is no need to continue the prosecution against the petitioners.
5. The learned Public Prosecutor, upon instructions from the Investigating Officer, submitted that the de facto complainant had given 2025:KER:74767 Crl.M.C.No.8270/2025 -:4:- a statement to the Investigating Officer also to the effect that the matter has been amicably settled with the petitioners, and that she is not at all interested in continuing the prosecution against the petitioners.
6. It appears that the dispute involved is purely of private nature, and no purpose would be fulfilled by the continuance of the prosecution in this case, and hence it is highly necessary to terminate the prosecution proceedings to prevent abuse of process of court. Such a course is also required to maintain the harmonious relationship between the parties. Therefore, the request in the present petition to quash the proceedings against the petitioners, has to be allowed.
In the result, the petition stands allowed. The proceedings against the petitioners (accused Nos.1 to 4) in C.C.No.831/2024 on the files of the Judicial First Class Magistrate Court-I, Palakkad, which arose out of Crime No.463/2024 of Kasaba Police Station, Palakkad, are hereby quashed. (Sd/-) G. GIRISH, JUDGE DST/09.10.25 2025:KER:74767 Crl.M.C.No.8270/2025 -:5:- APPENDIX PETITIONER ANNEXURES ANNEXURE-A1 CERTIFIED COPY OF THE FIR ALONG WITH FIS IN CRIME NO. 463/2024 OF CUSBA POLICE STATION, PALAKKAD DISTRICT ANNEXURE-A2 CERTIFIED COPY OF FINAL REPORT (CRIME NO.
463/2024 OF CUSBA POLICE STATION, PALAKKAD DISTRICT) IN C.C. NO. 831/2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PALAKKAD ANNEXURE-A3 THE AFFIDAVIT DATED 30/7/2025 SWORN BY THE 2ND RESPONDENT