PRAVEEN KUMAR v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-11. PRAVEEN KUMAR v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942 Crl. MC. No. 5200 OF 2020(H) AGAINST THE JUDGMENT IN C. C. NO. 597/2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM CRIME NO. 42/2013 OF Kadavanthra Police Station , Ernakulam PETITIONER/ACCUSED: PRAVEEN KUMAR AGED 43 YEARS S/O. PADMANABHA PILLAI, SUDHARSHANAN, MAYITHARA MARKET P. O. , CHERTHALA, PIN CODE-688 539. BY ADVS. SRI. K. C. ELDHO SMT. KRISHNA SANTHOSH SRI. MALLENATHAN. M. RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 011. 2 RESHMI AGED 40 YEARS D/O. KRISHNAN, PALAPARAMBIL HOUSE, KUMARANASHAN NAGAR, ELAMKULAM VILLAGE KADAVANTHARA NOW RESIDING AT THEKKEPPARAMBIL HOSUE, ELAMKULAM VILLAGE, KADAVANTHRA, PIN-682 017. R2 BY ADV. SRI. SAIBY JOSE KIDANGOOR OTHER PRESENT: SR. PP. B.
JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 5200 OF 2020(H) .. 2.. ORDER Dated this the 11th day of December 2020 Petitioner is the accused in Crime No. 42/2013 registered at the Kadavanthra Police Station, for the offence punishable under Section 498-A of IPC, now pending as C. C. No. 597/2017 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam. The de facto complainant, at whose instance the crime was registered, is the petitioner’s nd wife and is arrayed as the 2 respondent herein. nd Annexure-A4 affidavit has been filed by the 2 respondent stating that the matrimonial dispute, which had compelled her to submit the complaint leading to registration of the crime, has been resolved amicably as per the compromise filed before the Family Court, Ernakulam and hence, she Crl. MC. No. 5200 OF 2020(H) .. 3.. has no subsisting grievance against the petitioner. 2.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents. 3. Having considered the gravity of the offences alleged, nature of the injury caused and having nd perused the affidavit filed by the 2 respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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. Crl. MC. No. 5200 OF 2020(H) .. 4.. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. In the result, this Crl. M. C is allowed. The proceedings in C. C. No.
597/2017 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam is quashed. Sd/- V. G. ARUN SB/11/12/2020 JUDGE Crl. MC. No. 5200 OF 2020(H) .. 5.. APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 42 OF 2013 OF KADAVANTHRA POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN 42 OF 2013 OF KADAVANTHRA POLICE ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. VIII, ERNAKULAM. ANNEXURE A3 TRUE COPY OF THE COMPROMISE PETITION FILED BEFORE THE FAMILAY COURT, ERNAKULAM. ANNEXURE A4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 26. 8. 2020. //true copy// P. A to Judge
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