Judgment · High Court

S /S TATE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SUB INSPECTOR OF POLICE POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM, PIN - 695012 LATHEEFA AGED 65 YEARS D/O ASUMA BEEVI, RESIDING AT T.C 51/2819, JRA 804-2, JAI NAGAR, PLAVILA, PUNNAKKAMUGAL, THIRUMALA P.O, THIRUVANANTHAPURAM, PIN - 695006 BY ADV SANIL KUNJACHAN SR.PP-SRI.RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

14.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL MC No.10009/2023 ..2.. SOPHY THOMAS, J ========================= Crl.M.C.No.10009/2023 ========================== Dated this the 14th day of February, 2024 ORDER This Crl.M.C. under Section 482 of CrPC is filed by the accused in Crime No.230/2020 of Poojappura Police Station, Thiruvananthapuram, pending as C.C.No.762/2020 on the file Additional Chief Judicial Magistrate Court, Thiruvananthapuram, registered under Sections 323, 324 and 506(ii) of IPC, for quashing Annexure A1 final report.

The prosecution allegation is that, the petitioner, who is the husband of the 3rd respondent/de-facto complainant, brutally manhandled her on various occasions, when she questioned him about his illicit relationship with another lady.

When the matter is taken up for consideration, learned counsel for the petitioner would submit that, the matter has been amicably settled and produced Annexure A2 affidavit filed by the de-facto complainant, stating that the entire dispute has been settled, and she is not intending to prosecute this matter any further. CRL MC No.10009/2023 ..3..

Learned Public Prosecutor obtained instructions regarding the settlement, and produced signed statement of the de-facto complainant, in which she has stated that, she has no objection in quashing Annexure A1 final report. Since the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.

In the light of the principles laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] and State of Madhya Pradesh v. Laxmi Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement. In the result, this Criminal Miscellaneous Case is allowed, and Annexure A1 final report in C.C.No.762/2020 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram, stands quashed. Sd/- ACR SOPHY THOMAS JUDGE CRL MC No.10009/2023 ..4.. APPENDIX OF CRL.MC 10009/2023 PETITIONER ANNEXURES Annexure A1 Annexure A2 CERTIFIED DIGITAL COPY OF THE FINAL REPORT DATED 23/09/2020 IN CRIME NO.230/2020 OF POOJAPPURA POLICE STATION ALONG WITH ENCLOSURES TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT