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Prince Thomas vs State Of Kerala And Ors

High Court Of Kerala · Decided on 16 February 2021 · Citation: (2021) 02 KL CK 0180

HON’BLE JUDGES
V.G. Arun, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 133 Of 2021
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Judgment

5 paragraphs · 322 words
1.

Petitioner is the accused in Crime No.1305/2020 registered at the Ernakulam Central Police Station, Ernakulam City, for the offences punishable under Sections 341 & 323 of IPC, now pending as C.C.No.1292/2020 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. The de facto complainant, at whose instance the crime was registered, is the 1st petitioner's wife and is arrayed as the 2nd respondent herein. Annexure-A4 affidavit has been filed by the 2nd respondent stating that the matrimonial dispute, which had compelled her to submit the complaint leading to registration of the crime, has been resolved amicably and hence, she has no subsisting grievance against the petitioner.

2.

Learned Counsel for the petitioner and the defacto complainant submitted that the petitioner have filed petition for divorce by mutual consent.

3.

Heard the learned Public Prosecutor also, who, submitted on instructions, that the petitioner has no criminal antecedents.

4.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd 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. 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. Annexure-A1 First Information Report and Annexure-A2 Final Report in crime No.1305/2020 of Ernakulam Central Police Station and further proceedings in C.C.No.1292/2020 on the files of the Judicial First Class Magistrate Court-II, Ernakulam are quashed.