IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 24^TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946 CRL.MC NO. 2852 OF 2023 CRIME NO.756/2021 OF IRINJALAKUDA POLICE STATION, THRISSUR PETITIONER/SOLE ACCUSED:

SREETHU GOPI AGED 38 YEARS MEPPARAMBATH HOUSE, KOTTULI P.O, KOZHIKODE, PIN - 673001 BY ADVS.

BONNY BENNY VISHNU NARAYANAN KRISHNA DAS THEJALAKSHMI R.S. BEJOY JOSEPH P.J.

RESPONDENT/STATE/DEFACTO COMPLAINANT:

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

2 JANARDHANAN AGED 64 YEARS S/O KUMARAN NAIR, KAKKARA JENOOS, KANDESWARAM DESAM, IRINJALAKUDA P.O, TRISSUR., PIN - 680121

3 THE SUB INSPECTOR IRINJALAKUDA POLICE STATION, TRISSUR., PIN - 680121 BY ADVS.

PUBLIC PROSECUTOR R.MAHESH MENON SACHIN.P.K(K/805/2023)

VARGHESE XAVIER(K/642/2023)

OTHER PRESENT:

SRI. C.N. PRABHAKARAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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Crl.M.C.No.2852 of 2023 -----------------------------------------

Dated this the 24^th day of October, 2024

ORDER

Petitioner is the accused in Crime No.756/2021 of Irinjalakuda Police Station. She seeks to quash the proceedings on the basis of an alleged settlement entered into with the defacto complainant. An afÏdavit in support of the claim for settlement has been produced.

2. When the matter came up for consideration, this Court called for a report from the investigating ofÏcer through the learned Public Prosecutor. The learned Public Prosecutor, upon instructions submitted that, the defacto complainant specifically expressed his disinclination to settle the matter.

3. In view of the unwillingness of the defacto complainant to settle the pending criminal case, the proceedings against the petitioner cannot be qaushed on the basis of an alleged settlement.

Accordingly, this criminal miscellaneous case is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/24.10.24.

APPENDIX OF CRL.MC 2852/2023 PETITIONER’S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR NO. 0756/2021 IRINJALAKUDA POLICE STATION, TRISSUR DISTRICT DATED 03.08.2021 Annexure A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 17.02.2023 Annexure A3 THE TRUE COPY OF TERMS OF THE SETTLEMENT AGREEMENT FILED BEFORE THE HONOURABLE COURT IN CRL MC NO.5262/2023