IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 4 TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 CRL.MC NO. 2177 OF 2023 CRIME NO.833/2021 OF Mavelikkara Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT DATED IN CC NO.273 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA PETITIONER/ACCUSED:

THOMAS PHILIP AGED 52 YEARS /O THOMAS AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 690101 BY ADV T.S.SARATH RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

2 THE STATION HOUSE OFFICER MAVELIKKARA POLICE STATION MAVELIKKARA P.O, ALAPPUZHA DISTRICT, PIN - 690101

3 ELIZABETH MATHEW W/O THOMAS MATHEW AALINTE THEKKATHIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 690101

4 REJIN MATHEW S/O THOMAS MATHEW AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 690101 BY ADV SARUN K. IDICULA BY SRI.VIPIN NARAYANAN - SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

04.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 4 th day of March, 2024 This Crl.M.C., under Section 482 of Cr.P.C., is filed by the accused in C.C.No.273 of 2022 on the file of Judicial First Class Magistrate Court-I, Mavelikkara, registered under Sections 447, 323 and 506(i) of IPC, for quashing Annexure A1 FIR and Annexure A2 final report.

2. The prosecution allegation is that on

14.08.2021, at about 10.00 p.m., due to previous enmity, the accused person trespassed into the house of the 3rd respondent/defacto complainant and physically assaulted her and her son/4th respondent causing injuries.

3. When the case is taken up for consideration, learned counsel for the petitioner submitted that the matter stands settled between himself and respondents 3 and 4. Respondents 3 and 4 entered appearance through counsel, and submitted that the matter stands settled. Annexures A3 and A4 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 C.C.No.273 of 2022.

4. 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 neither have any intention to proceed with the prosecution, nor any objection in quashing Annexure A1 FIR and Annexure A2 final report in C.C.No.273 of 2022.

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

6. 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 petitioner can be quashed on the basis of settlement.

In the result, this Crl.MC is allowed, and Annexure A1 FIR and Annexure A2 final report in C.C.No.273 of 2022 on the file of Judicial First Class Magistrate Court-I, Mavelikkara, stand quashed.

Sd/-

SOPHY THOMAS JUDGE SSK/04/03 APPENDIX OF CRL.MC 2177/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

833/2021 OF THE MAVELIKJKARA POLICE STATION Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 833/2021 OF THE MAVELIKJKARA POLICE STATION Annexure A3 ORGINAL AFFIDAVIT DATED 03/08/2022, SWORN IN BY THE 3RD RESPONDENT Annexure A4 ORGINAL AFFIDAVIT DATED 03/08/2022, SWORN IN BY THE 4TH RESPONDENT