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Try out our Premium Member services -- Free for one month.\n\nKerala High Court\nSavin vs State Of Kerala on 12 August, 2020Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     1\n\n\n\n              IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\n                                 PRESENT\n\n                 THE HONOURABLE MR.JUSTICE V.G.ARUN\n\n   WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942\n\n                      Crl.MC.No.3114 OF 2020(H)\n\n      AGAINST THE ORDER/JUDGMENT IN CC 2076/2018 OF JUDICIAL\n              MAGISTRATE OF FIRST CLASS -II,THRISSUR\n\n     CRIME NO.506/2018 OF Nedupuzha Police Station , Thrissur\n\n\nPETITIONER/ACCUSED 1 TO 4:\n\n       1      SAVIN,\n              AGED 34 YEARS\n              S/O.SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR\n              VILLAGE, MALA, THRISSUR DISTRICT.\n\n       2      GEETHA,\n              AGED 58 YEARS\n              W/O.SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR\n              VILLAGE, MALA, THRISSUR DISTRICT.\n\n       3      SUDHAKARAN,\n              AGED 64 YEARS\n              S/O.KRISHNAN, PANATTUVEETTIL HOUSE, ALATHUR\n              VILLAGE, MALA, THRISSUR DISTRICT.\n\n       4      LEVIN,\n              AGED 31 YEARS\n              S/O.SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR\n              VILLAGE, MALA, THRISSUR DISTRICT.\n\n              BY ADVS.\n              DR.K.P.SATHEESAN (SR.)\n              SRI.P.MOHANDAS (ERNAKULAM)\n              SRI.S.VIBHEESHANAN\n              SRI.K.SUDHINKUMAR\n              SRI.S.K.ADHITHYAN\n Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     2\n\n\n\n              SRI.SABU PULLAN\n              SRI.GOKUL D. SUDHAKARAN\n\nRESPONDENT/STATE, COMPLAINANT AND DE FACTO COMPLAINANT:\n\n       1      STATE OF KERALA\n              REPRESENTED BY THE PUBLIC PROSECUTOR,\n              HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.\n\n       2      THE SUB INSPECTOR OF POLICE,\n              NEDUPUZHA POLICE STATION, THRISSUR-680007.\n\n       3      GREESHMA,\n              AGED 31 YEARS\n              D/O.GANGADHARAN, CHETTIKKATTIL HOUSE,\n              KOORKKANCHERRY VILLAGE DESOM, THRISSUR TALUK, PIN-\n              680007.\n\n              R3 BY ADV. K.K.RAJEEV\n\n     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON\n12.08.2020, ALONG WITH Crl.MC.3116/2020(H), THE COURT ON THE\nSAME DAY PASSED THE FOLLOWING:\n              IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\n                               PRESENT\n\n                THE HONOURABLE MR.JUSTICE V.G.ARUN\n\n   WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942\n\n                      Crl.MC.No.3116 OF 2020(H)\n\n     CRIME NO.509/2018 OF Nedupuzha Police Station , Thrissur\n\n\nPETITIONER/ACCUSED:\n\n             SAVIN\n             AGED 34 YEARS\n             S/O. SUDHAKARAN, PANATTUVEETTIL HOUSE, ALATHUR\n             VILLAGE, MALA, THRISSUR DISTRICT.\n\n             BY ADVS.\n             DR.K.P.SATHEESAN (SR.)\n             SRI.P.MOHANDAS (ERNAKULAM)\n             SRI.S.VIBHEESHANAN\n             SRI.K.SUDHINKUMAR\n             SRI.S.K.ADHITHYAN\n             SRI.SABU PULLAN\n             SRI.GOKUL D. SUDHAKARAN\n\nRESPONDENT/STATE, COMPLAINANT AND DE FACTO COMPLAINANT:\n\n      1      STATE OF KERALA\n             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF\n             KERALA, ERNAKULAM, KOCHI - 682 031.\n\n      2      THE SUB INSPECTOR OF POLICE\n             NEDUPUZHA POLICE STATION, THRISSUR - 680 007.\n\n      3      GREESHMA\n             AGED 31 YEARS\n             D/O. GANGADHARAN, CHETTIKKATTIL HOUSE, KOORKKANCHERRY\n             VILLAGE DESOM, THRISSUR TALUK, PIN - 680 007.\n\n             R3 BY ADV. K.K.RAJEEV\n\nOTHER PRESENT:\n             PP SREEJA V.\n\n     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON\n12.08.2020, ALONG WITH Crl.MC.3114/2020(H), THE COURT ON THE SAME\nDAY PASSED THE FOLLOWING:\n Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     4\n\n\n\n\n                                ORDER\n\n           [ Crl.MC.3114/2020, Crl.MC.3116/2020 ]\n\n           Dated this the 12th day of August 2020\n\n\n          Petitioners in Criminal M.C.3114/2020 are the\n\n     accused in Crime No.506/2018 registered at the\n\n     Nedupuzha Police Station for offences punishable\n\n     under Sections 498-A, 406 and 323 of         IPC, now\n\n     pending as C.C.No.2076/2018 on the files of the\n\n     Judicial First Class Magistrate Court-II, Thrissur. The\n\n     petitioner in Criminal M.C.No.3116/2020, who is the\n\n     first petitioner in Criminal M.C.No.3114/2020, is the\n\n     accused in Crime No.509/2018, registered at the\n\n     Nedupuzha Police Station, for offences punishable\n\n     under Sections 406, 420, 465 and 468 of IPC.\n Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     5\n            2. The de facto complainant in both crimes, is the\n\n     wife     of    the    first     petitioners      in     Criminal\n\n     M.C.No.3114/2020, the other petitoners being her in-\n\n     laws. The de facto complainant, arrayed as the 3 rd\n\n     respondent, has filed affidavits (Annexure-II) in both\n\n     cases,     stating   that     the   complaint,        leading   to\n\n     registration of the crimes, was submitted by her on a\n\n     misunderstanding, which has since been cleared and\n\n     the disputes resolved amicably. It is stated that she\n\n     has no subsisting grievance against the petitioners.\n\n            2. Heard the learned Public Prosecutor also, who,\n\n     on instructions, submits that the petitioners have no\n\n     criminal antecedents.\n\n            3. Having considered the gravity of the offences\n\n     alleged,      nature of the injury caused and having\n\n     perused the affidavit filed by the 3 rd respondent, the\n Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     6\n\n\n\n     contents of which are submitted to be true and\n\n     voluntary, I am satisfied that the dispute is settled and\n\n     no public interest is involved in this matter. Moreover,\n\n     in view of the settlement, possibility of the criminal\n\n     proceedings ending in conviction is remote. As such,\n\n     continuance of the proceedings will amount to an\n\n     abuse of process of court and hence, in view of the\n\n     legal position set out by the Honourable Supreme\n\n     Court in Madan Mohan Abbot v. State of Punjab\n\n     [(2008) 4 SCC 582] and Gian Singh v. State of\n\n     Punjab and another [(2012) 10 SCC 303], there is\n\n     no impediment in granting the relief sought.\n\n           In the result, this Crl.M.C is allowed. The\n\n     proceedings in C.C.No.2076/2018 of the Judicial First\n\n     Class Magistrate Court-II, Thrissur and Annexure-I\n\n     FIR    and     the    further       proceedings   in   Crime\n Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     7\n\n\n\n     No.509/2018       of   Nedupuzha    Police   Station   are\n\n     quashed.\n\n\n                                            Sd/-\n                                         V.G.ARUN\n     SB/13/08/2020                         JUDGE\n        APPENDIX OF Crl.MC 3114/2020\nPETITIONER'S/S EXHIBITS:\n\nANNEXURE I         CERTIFIED COPY OF THE FINAL REPORT\n                   FILED BY THE 2ND RESPONDENT BEFORE THE\n                   JUDICIAL FIRST CLASS MAGISTRATE COURT-\n                   II, THRISSUR TAKEN COGNIZANCE AS\n                   C.C.NO.2076/2018.\n\nANNEXURE II        AFFIDAVIT SWORN BY THE 3RD RESPONDENT\n                   BEFORE THE NOTARY PUBLIC DATED\n                   18.06.2020.\n Crl.MC.3114/2020, Crl.MC.3116/2020\n\n                                     9\n\n\n\n\n              APPENDIX OF Crl.MC 3116/2020\nPETITIONER'S/S EXHIBITS:\n\nANNEXURE I              CERTIFIED COPY OF THE F.I.R. IN CRIME\n                        NO.509/2018 OF NEDUPUZHA POLICE STATION\n                        DATED 7.9.2018.\n\nANNEXURE II             AFFIDAVIT SWORN BY THE 3RD RESPONDENT\n                        BEFORE THE NOTARY PUBLIC DATED 18.06.2020.\n\n                             // true copy //\n\n                               P.A to Judge