Ajesh K. Alex v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 19[TH] DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 CRL.MC NO. 1691 OF 2024 ``` ``` CRIME NO.2525/2018 OF KOTTARAKKARA POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.640 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA PETITIONER/ACCSUED: ``` ``` AJESH K. ALEX AGED 35 YEARS S/O ALEXANDER, PLAVILA VEEDU, CHENGAMANADU P.O., KOTTARAKARA, KOLLAM DISTRICT., PIN - 691557 ``` ``` BY ADVS. K.SHAJ BEENA N.KARTHA C.IJLAL POORNIMA RAJAN ARUN CHAND BHARAT VIJAY P. MAJID MUHAMMED K. MINU VITTORRIA PAULSON GOPIKA GOPAL ARCHANA P.P. ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031`** - **`2 THE STATION HOUSE OFFICER KOTTARAKARA POLICE STATION, KOLLAM DISTRICT., PIN – 691506`** - **`3 V.T. JOHN AGED 69 YEARS`** ``` S/O MATHAI THOMAS, VADAKKEKARA HOUSE, KUZHIKALA P.O., MALLAPUZHASSERY VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT., PIN – 689644 ``` Crl.M.C.No.1691 of 2024 _-:2:-_ ``` 4LINU ANN JOHN AGED 32 YEARS D/O V.T. JOHN, VADAKKEKARA HOUSE, KUZHIKALA P.O., MALLAPUZHASSERY VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT., PIN - 689644 BY ADV SERGI JOSEPH THOMAS ``` ## **`OTHER PRESENT:`** ``` PP SMT SHYNIMOL V O ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ``` ``` ON 19.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.1691 of 2024 _-:3:-_ Dated this the 19[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report[FIR], Annexure-A2 Final report and all further proceedings in C.C.No.640/2020 of the Judicial First Class Magistrate Court-I, Kottarakara. 2. The petitioner is the accused in Crime No.2525/2018 of the Kottarakara Police Station, Kollam, registered against him at the instance of the third respondent, for allegedly committing the offences punishable under Sections 323, 498A and 506 (i) of the Indian Penal Code,1860. 3. The crux of the prosecution case is that: the petitioner was married to the fourth respondent. During the period of cohabitation, the petitioner Crl.M.C.No.1691 of 2024 _-:4:-_ harassed the respondents 3 and 4. Thus, the accused has committed the above offences. 4. Heard; Sri. K.Shaj, the learned counsel appearing for the petitioner, Smt.Shynimol. V.O., the learned Senior Public Prosecutor appearing for the respondents 1 and 2 and Sri. Sergi Joseph Thomas the learned counsel appearing for the respondents 3 and 4. 5. The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the respondents 3 and 4 has been amicably settled and the respondents 3 and 4 have voluntarily executed Annexures-A3 and A4 affidavits, no as stating that they have subsisting grievance against the petitioner and have no objection in all further proceedings in the above crime being quashed. Hence, the petition may be allowed. 6. The learned Public Prosecutor, on instructions, Crl.M.C.No.1691 of 2024 _-:5:-_ submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the petitioner and the respondents 3 and 4 has been amicably settled and the respondents 3 and 4 have voluntarily executed Annexures A3 and A4 affidavits. 7. The learned counsel for the respondents 3 and 4 have also submitted that the dispute between the parties has been settled and the respondents 3 and 4 have no subsisting grievance as against the petitioner. The said submission is recorded. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in the facts and circumstances of the case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has Crl.M.C.No.1691 of 2024 _-:6:-_ been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. On a consideration of the facts, the rival submissions made across the Bar, and the materials on record, especially after going through Annexures A3 and A4 affidavits sworn in by the respondents 3 and 4, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report[FIR], Crl.M.C.No.1691 of 2024 _-:7:-_ Annexure-A2 Final report and all further proceedings in C.C.No.640/2020 of the Judicial First Class Magistrate Court-I, Kottarakara, as against the petitioner. The Crl.M.C is ordered accordingly. SD/- **C.S.DIAS,JUDGE** rmm/19/3/2024 Crl.M.C.No.1691 of 2024 _-:8:-_ ## **`APPENDIX OF CRL.MC 1691/2024`** ``` PETITIONER ANNEXURES Annexure A1THE TRUE COPY OF THE FIRST INFORMATION REPORT DATED 16/11/2018 IN CRIME NO. 2525 OF 2018 OF KOTTARAKARA POLICE STATION. ``` ``` Annexure A2THE TRUE COPY OF THE FINAL REPORT DATED 20/12/2019 IN C.C. NO. 640/2020 ON THE FILESOFJUDICIALFIRSTCLASS MAGISTRATE COURT - I, KOTTARAKARA. Annexure A3THE AFFIDAVIT DATED 16/02/2024 SWORN BY THE 3RD RESPONDENT. Annexure A4THE AFFIDAVIT DATED 02/02/2024 SWORN BY THE 4TH RESPONDENT. ```