Manoj Pambumkattill Pushkaran and others v. Deepthi K.M and State of Kerala

# **`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. 1549 OF 2024 ``` ``` CRIME NO.899/2022 OF NEW MAHE POLICE STATION, KANNUR ``` ``` AGAINST THE ORDER DATED 24.04.2023 IN CC NO.562 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,THALASSERY ``` ## **`PETITIONERS/ACCUSED:`** - **`1 MANOJ PAMBUMKATTIL PUSHKARAN AGED 56 YEARS`** ``` S/O. PAMBUMKATTIL SANKARAN PUSHKARAN, VASANTHAM VEETTIL, VIYYUR- DESOM, OLLUR VILLAGE, THRISSUR DISTRICT, PIN - 680010 ``` - **`2 INDIRA PUSHKARAN AGED 72 YEARS`** ``` W/O. SREE PUSHKARAN, VASANTHAM VEETTIL, VIYYUR-DESOM, OLLUR VILLAGE, THRISSUR DISTRICT, PIN - 680010 ``` - **`3 MANJUNA PRADEEP AGED 50 YEARS`** ``` D/O. PUSHKARAN, VASANTHAM VEETTIL, VIYYUR- DESOM, OLLUR VILLAGE, THRISSUR DISTRICT, PIN - 680010 ``` ``` BY ADVS. UTHARA ASOKAN ABRAHAM K.JOHN P.K.BALAKRISHNAN ``` ## **`RESPONDENTS / DEFACTO COMPLAINANT:`** ``` 1DEEPTHI. K.M AGED 47 YEARS ``` ``` D/O. K.K. DAMODARAN, KADOOR HOUSE, KODIYERI VILLAGE, PUUNOL P.O., KANNUR DISTRICT, PIN - 670102 ``` - **`2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM)., PIN - 673311`** Crl.M.C.No.1549 of 2024 -:2:- ## **`OTHER PRESENT:`** ## **`SR PP SRI C S HRITHWIK`** ``` 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.1549 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.562/2023 of the Judicial First Class Magistrate Court, Thalassery, Kannur. 2. The petitioners are the accused 1 to 3 in Crime No.899/2022 of the New Mahe Police Station, Kannur, registered against them at the instance of the first respondent, for allegedly committing the offences punishable under Sections 498-A and 406 r/w Section 34 of the Indian Penal Code, 1860. 3. The crux of the prosecution is that: the first accused is the husband of the first respondent. During ## Crl.M.C.No.1549 of 2024 ## -:4:- the period of cohabitation, the accused had mentally and physically harassed the first respondent, demanding more dowry. Thus, the accused have committed the above offences. 4. Heard; Smt. Uthara Asokan., the learned counsel appearing for the petitioners, Sri. C.S. Hrithwik., the learned Senior Public Prosecutor appearing for the second respondent and Sri. Abraham K. John, the learned counsel appearing for the first respondent. 5. The learned counsel for the petitioners submitted that the subject matter in dispute between the petitioners and the first respondent has been amicably settled out of court, and the first respondent has voluntarily executed Annexure A3 affidavit, stating that she has no objection and in all further proceedings in the above crime being quashed. Hence, the petition Crl.M.C.No.1549 of 2024 ## -:5:- may be allowed. 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the parties has been settled and the first respondent has voluntarily signed Annexure-A3 affidavit. 7. The learned counsel for the first respondent also submitted that the dispute between the parties has been settled and the first respondent has no subsisting grievance as against the petitioners. 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 ## Crl.M.C.No.1549 of 2024 ## -:6:- of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offences are 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 Annexure-A3 affidavit sworn in by the first respondent, 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. Crl.M.C.No.1549 of 2024 ## -:7:- 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] & Annexure-A2 Final report in Crime No.899/2022 of New Mahe Police Station, Kannur and all further proceedings in C.C.No. 562/2023 of the Judicial First Class Magistrate Court, Thalasseri, as against the petitioners. The Crl.M.C is ordered accordingly. Sd/- **C.S.DIAS,JUDGE** mtk/19.03.24 Crl.M.C.No.1549 of 2024 ## -:8:- ## **`APPENDIX OF CRL.MC 1549/2024`** ``` PETITIONER ANNEXURES ANNEXURE A1THE TRUE COPY OF THE FIR ALONG WITH FI STATEMENT IN CRIME NO. 899/2022 OF NEW MAHE POLICE STATION POLICE STATION DATED 23/12/2022 ``` ``` ANNEXURE A2THE TRUE COPY OF THE FINAL REPORT DATED 24/04/2023SUBMITTEDBEFORETHE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY BY SHO, NEW MAHE POLICE STATION ANNEXURE A3THE TRUE COPY OF THE AFFIDAVIT DATED 27/11/2023 BY THE 1ST RESPONDENT STATING THAT ALL THE DISPUTES BETWEEN THE 1ST RESPONDENT AND PETITIONERS' STANDS SETTLED ```