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2025 Supreme(Online)(Ker) 53533

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SIVI .K.V – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 5538 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.A.K.HARIDAS, SHRI.THOMAS ABRAHAM
For the Respondents: SRI.S.KRISHNALAL

A criminal petition may become infructuous when a key party dies and the matter is pending before a different judicial authority.

Headnote:The petitioner sought to quash FIR No. 360 of 2021 under Section 482 of the Cr.P.C on the basis of a purported settlement with the complainant. However, the complainant's death led to an additional respondent claiming that no settlement occurred, and the matter was pending before the Judicial Magistrate. The court determined that the petition became infructuous due to these circumstances. The verdict ruled that the petitioner retains the right to pursue claims in the proper forum.

Table of Content
1. filing of a criminal petition under 482 cr.p.c. (Para 1)
2. claims of non-settlement raised after complainant's death. (Para 2)

ORDER

Dated this the 26th day of November, 2025 The accused in FIR No. 360 of 2021 of Ponkunnam Police station filed this Crl.M.C. under Section 482 of the Cr.P.C praying for quashing Annexure A1 FIR. This Crl.M.C is filed mainly on the ground that the matter has been settled with the defacto complainant/2nd respondent. During the pendency of the Crl.M.C., the 2nd respondent died and her husband was impleaded as additional 3rd respondent.

2. The learned counsel for the additional 3rd respondent submitted that the matter was not settled with the petitioner and that the signature of the 2nd respondent was obtained by the petitioner on a blank paper, and also that she had executed a letter in that respect, which has been produced as Annexure R1. Moreover, now the police after investigation have filed final report and case is now pending before the Judicial First Class Magistrate Court, Kanjirappally.

In the above circumstances, this Crl.M.C has also become infructuous. In the light of above circumstances, this Crl.M.C is disposed of with liberty to the petitioner to raise all contentions before the appropriate forum.

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