Kerala High Court

Crl.MC/3810/2021 of HARISH RAVINDRAN Vs STATE OF KERALA on 31 December 2021

COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRL.MC NO. 3810 OF 2021 AGAINST THE ORDER IN CC 316/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR PETITIONERS/ACCUSED 1 TO 3: 1 HARISH RAVINDRAN

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

CRL.MC NO. 3810 OF 2021

AGAINST THE ORDER IN CC 316/2020 OF JUDICIAL FIRST CLASS MAGISTRATECOURT, PARAVUR

PETITIONERS/ACCUSED 1 TO 3:

1HARISH RAVINDRAN

AGED 32 YEARS, S/O.RAVINDRAN,

REVATHY, PADINJATTINKARA CHERRY,

VELIYAM WEST, VELIYAM VILLAGE, KOLLAM.

2BINDHU RAVINDRANAGED 56 YEARS, W/O.RAVINDRAN, AGED 56 YEARS, W/O.RAVINDRAN, REVATHY, PADINJATTINKARA CHERRY, VELIYAM WEST, VELIYAM VILLAGE, KOLLAM,VELIYAM WEST, VELIYAM VILLAGE, KOLLAM, 3ABHISHEK RAVINDRANAGED 27 YEARS, S/O.RAVINDRAN, REVATHY, PADINJATTINKARA CHERRY, VELIYAM WEST, VELIYAM VILLAGE, KOLLAM,BY ADVS.AGED 27 YEARS, S/O.RAVINDRAN, REVATHY, PADINJATTINKARA CHERRY, VELIYAM WEST, VELIYAM VILLAGE, KOLLAM,BY ADVS.

K.V.ANIL KUMAR

SWAPNA VIJAYAN

RESPONDENTS/STATE & COMPLAINANT:

1STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM - 682031.

2STATION HOUSE OFFICERCHATHANNUR POLICE STATION, KOLLAM - 691572.CHATHANNUR POLICE STATION, KOLLAM - 691572.

Page 1 of 3

3BINI B.TAGED 28 YEARS, W/O. HARISH RAVINDRAN, AMBANATT VEEDU, THAZHAM NORTH, CHATHANNUR P.O, KOLLAM DISTRICT - 691572.AGED 28 YEARS, W/O. HARISH RAVINDRAN, AMBANATT VEEDU, THAZHAM NORTH, CHATHANNUR P.O, KOLLAM DISTRICT - 691572.

AMBANATT VEEDU, THAZHAM NORTH, CHATHANNUR P.O, BY ADV P.V.DILEEP

OTHER PRESENT:

ADV. RANJIT GEORGE-PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner is the accused in Crime No.208/2020 of Chathannur Police Station, Kollam District and the offencealleged against the petitioner is under Section 498 A r/w Section34 of the Indian Penal Code.

2. The allegation is that, accused persons mentally and physically harassed the 3[rd] respondent while she was residing at the petitioner’s house and her parental home demanding tohandover her 85 sovereigns of gold for clearing their prior debtand also demanding more dowry and thereby committed theaforesaid offences.

3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel for thethird respondent.

4. It is submitted by respective counsel that the petitioners and the third respondent have arrived at an amicable settlement and Annexure A-3 is the affidavit filed. The affidavit,inter alia, states that all the disputes are settled and that thependency of criminal proceeding would cause hardship to all theparties.

5. From the submission across the Bar and perusing thecriminal M.C. and the affidavit referred above, I am satisfied thatthere has been an amicable settlement and that there is novitiating circumstances in the respondent filing the affidavit. No purpose will be served by continuing the proceedings in theabove circumstances.

6.

Page 2 of 3

In view of the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC

303] and considering the facts and circumstances of the caseand in exercise of power of this Court under Section 482 of theCode of Criminal Procedure, I hereby quash Annexure A-2 FinalReport and all further proceedings in C.C.No.316 of 2020 on the files of the Judicial First Class Magistrate Court, Paravur inCrime No.208 of 2020 of Chathannur Police Station against thepetitioner herein.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE

Skk

APPENDIX OF CRL.MC 3810/2021

PETITIONERS’ ANNEXURES:-

Annexure A1

Annexure A2

Annexure A3

A TRUE COPY OF THE FIR AND FIS IN CRIME NO. 208/2020 OF CHATHANNUR POLICE STATION.

A TRUE COPY OF THE FINAL REPORT IN CRIMENO. 208/2020 OF CHATHANNUR POLICE STATION.

AFFIDAVIT OF THE 3RD RESPONDENT.

RESPONDENTS’ ANNEXURES:-NIL

Page 3 of 3

Loading citations and judicial treatment…

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead