Kerala High Court
Crl.MC/5209/2021 of RATHEESAN K.V. 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. 5209 OF 2021 CRIME NO.258/2021 OF Hosdurg Police Station, Kasargod PETITIONER/ACCUSED :- RATHEESAN K.V. AGED 38 YEARS S/O. KANNAN, RESIDING AT
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. 5209 OF 2021
CRIME NO.258/2021 OF Hosdurg Police Station, Kasargod PETITIONER/ACCUSED :- RATHEESAN K.V.AGED 38 YEARSS/O. KANNAN, RESIDING AT NELLIKKAL, CHERUVATHUR, HOSDURG, KASARAGOD DISTRICT
BY ADVS.M.RAMESH CHANDER (SR.)BALU TOMBONNY BENNY
RESPONDENTS/COMPLAINANT/STATE :-
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031
2PRIYANKAAGED 31 YEARSD/O. SURESHAN, RESIDING AT PUNCHAVI, KANHANGAD VILLAGE, HOSDURG TALUK, P.O OZHINJAVALAPPU 671 315 KASARAGOD DISTRICT.
BY ADV BEJOY JOSEPH P.J. SRI.ARAVIND, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
ORDER
The petitioner is the accused in Crime No.258/2021 of Hosdurg Police Station, Kasargod District and the offencesalleged against the petitioner are under Sections 498A, 323 and406 of the Indian Penal Code.
2. The 2[nd] respondent is the wife of the petitioner. Theirmarriage was solemnized on 11.12.2020. The 2[nd] respondent filed a complaint before the Judicial First Class Magistrate-I,Hosdurg which was referred to the police for investigation, inwhich the petitioner, his mother and his brother and sister werenamed. The police filed a report deleting the names of all otheraccused.
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3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for thesecond respondent.
4. It is submitted by respective counsel that the petitioner and the second respondent have arrived at an amicable settlement and Annexure A3 is the affidavit filed. Annexure A4 is theagreement entered into between the petitioner and the secondrespondent. The affidavit, inter alia, states that all the disputesare settled and that the pendency of criminal proceeding wouldcause hardship to all the parties.
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. Nopurpose will be served by continuing the proceedings in theabove circumstances.
6. In view of the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC303] 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 A1 Final Report and all further proceedings in Crime No.258 of 2021 of Hosdurg Police Station against this petitioner.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
SMA
APPENDIX
PETITIONER ANNEXURES :-
Annexure A1CERTIFIED COPY OF FIR IN CRIME NO.258/2021 OF HOSDURG POLICE STATION,KASARAGODE DISTRICT DATED 19-03-2021
Annexure A2
CERTIFIED OF THE COMPLAINT FILED BY THE2ND RESPONDENT BEFORE THE JUDICIAL FIRSTCLASS MAGISTRATE-1, HOSDURG DATED 18-03-2021
Annexure A3
ORIGINAL OF THE AFFIDAVIT SWORN TO BYTHE THE 2ND RESPONDENT DATED 11-10-2021PHOTOCOPY OF THE AGREEMENT ENTEREDBETWEEN THE PETITIONER AND THE 2NDRESPONDENT DATED 06-10-2021
Annexure A4
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