Allowed

Sushama Devi v. State of Kerala

Kerala HC6 Feb 2024Crl.MC/146/2024

Case brief

AI extract

What is this about?

Accused sought quashing of FIR and final report for trespass, wrongful restraint, criminal intimidation and abuse against relatives, on the basis of an out-of-court settlement. Defacto complainant and husband filed affidavits endorsing settlement; prosecution confirmed. Court quashed proceedings relying on Gian Singh and Laxmi Narayan.

What did the court decide?

Annexure A1 FIR and Annexure A2 final report in S.T.No.24 of 2018 quashed.

Sushama Devi Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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 TUESDAY, THE 6 TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945

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CRL.MC NO. 146 OF 2024
CRIME NO.860/2017 OF Guruvayoor Police Station, Thrissur
PETITIONERS/ACCUSED NOS.1 TO 4:

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1 SUSHAMA DEVI AGED 60 YEARS W/O. GOPALAKRISHNAN NAIR, PANTHRADIYIL HOUSE, KEEZHUKARA, KOZHENCHERY, PATHANAMTHITTA DISTRICT, PIN - 689641

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2 NEENA KRISHNA AGED 30 YEARS D/O. GOPALAKRISHNAN NAIR, PANTHRADIYIL HOUSE, KEEZHUKARA, KOZHENCHERY, PATHANAMTHITTA DISTRICT, PIN - 689641

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3 GOPALAKRISHNAN NAIR AGED 67 YEARS H/O. SUSHAMA DEVI, PANTHRADIYIL HOUSE, KEEZHUKARA, KOZHENCHERY, PATHANAMTHITTA DISTRICT, PIN - 689641

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4 NEETHU KRISHNA AGED 35 YEARS D/O. GOPALAKRISHNAN NAIR, PANTHRADIYIL HOUSE, KEEZHUKARA, KOZHENCHERY, PATHANAMTHITTA DISTRICT, PIN - 689641

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BY ADVS. C.V.MANUVILSAN NAEEM IBRAHIM P.HARI HARAN NAIR
VRINDA LAKSHMANAN O.A.ANJU AJITHA KUMARI M.M.

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 STATION HOUSE OFFICER CHAVAKKAD POLICE STATION, THRISSUR DISTRICT, PIN - 680506

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 CRL.MC NO.146 OF 2024

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3 MANDAKINI W/O. SANKARANARAYANAN, RESIDING AT POURNAMI, MALLISSERIPARAMBU, GURUVAYOOR, CHAVAKKAD TALUK, GURUVAYUR S.O., THRISSUR DISTRICT, PIN - 680101

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4 SANKARANARAYANAN AGED 77 YEARS H/O. MANDAKINI, RESIDING AT POURNAMI, MALLISSERIPARAMBU, GURUVAYOOR, CHAVAKKAD TALUK, GURUVAYUR S.O., THRISSUR DISTRICT, PIN - 680101

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SR.PP-SRI.VIPIN NARAYANAN

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 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
 06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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 CRL.MC NO.146 OF 2024

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ORDER

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Dated this the 6^th day of February, 2024

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This Crl.M.C., under Section 482 of Cr.P.C., is filed by accused Nos.1 to 4 in Crime No.860 of 2017 of Guruvayoor Temple Police Station, Thirssur, registered under Sections 448, 341, 506(1) and 294(b) r/w Section 34 of IPC, for quashing Annexure A1 FIR and Annexure A2 final report in S.T.No.24 of 2018 on the file of Judicial First Class Magistrate Court, Chavakkad.

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The prosecution allegation is that the 4th petitioner is the daughter in law of the defacto complainant and petitioners 1 to 3 are the parents and sister of the 4th petitioner. On 05.09.2017, at about 11.30 a.m., the petitioners trespassed into the house of the defacto complainant, restrained her and her husband, abused them in filthy language, and also threatened to kill them.

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 CRL.MC NO.146 OF 2024

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When the matter is taken up for consideration,

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learned counsel for the petitioners submitted that the matter stands settled between themselves and respondents 3 and 4. Respondents 3 and 4 entered appearance through counsel, and submitted that the matter stands settled. Annexures 3 and 4 are the affidavits filed by them, endorsing the settlement. Neither they have any intention to proceed with the prosecution nor any objection in quashing Annexure A1 FIR and Annexure A2 final report in S.T.No.24 of 2018.

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On instructions, learned Public Prosecutor submitted that the matter is settled and he produced signed statements of respondents 3 and 4. In those statements also, they have stated that they are not intending to proceed with the prosecution, and they have no objection in quashing Annexure A1 FIR and Annexure A2 final report in S.T.No.24 of 2018.

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 CRL.MC NO.146 OF 2024

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Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners.

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In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioners can be quashed on the basis of settlement.

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In the result, this Crl.MC is allowed, and Annexure A1 FIR and Annexure A2 final report in S.T.No.24 of 2018 on the file of Judicial First Class Magistrate Court, Chavakkad, stand quashed.

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Sd/-

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SOPHY THOMAS JUDGE

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SSK/06/02

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 CRL.MC NO.146 OF 2024

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6

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PETITIONER ANNEXURES

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Annexure A1 A CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 860
OF 2017, REGISTERED BY THE GURUVAYOOR TEMPLE POLICE
STATION REGISTERED UNDER SECTIONS 448, 341, 506(1),
294(B) R/W. 34 OF THE INDIAN PENAL CODE, 1860.
Annexure 2 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 860
OF 2017 SUBMITTED BY THE GURUVAYOOR TEMPLE POLICE
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT
CHAVAKKAD.
Annexure A3 THE AFFIDAVIT SOLEMNLY AFFIRMED AND DULY SIGNED BY
THE DEFACTO COMPLAINANT DATED 13.12.2023.

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Annexure A4 THE AFFIDAVIT SOLEMNLY AFFIRMED AND DULY SIGNED BY
THE 4TH RESPONDENT/HUSBAND OF THE DEFACTO COMPLAINANT
DATED 13.12.2023

Sushama Devi v. State of Kerala

Case brief

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Sushama Devi v. State of Kerala

Case brief

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