Shinaj vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 29, 2024

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Citation: sooperkanoon.com/1304745
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Feb 29, 2024
Case Number: Crl.MC/882/2024

Parties & Advocates

Appellant / Petitioner

Shinaj

Respondent

State of Kerala

Excerpt

.....ipc, for quashing annexure a1 final report and the proceedings in c.c.no.1393 of 2018 on the file of judicial first class magistrate court, muvattupuzha.2. the prosecution allegation is that when thepetitioners came to the parental house of the defacto complainant, which is the matrimonial house of the 5 th petitioner, to take away the child of the defacto complainant’s brother, the petitioners assaulted the respondents.3. when the matter is taken up for consideration,learned counsel for the petitioners submitted that the matter stands settled between themselves and respondents 2 to 11. respondents 2 to 11 entered appearance through counsel, and submitted that the matter stands settled. annexures a2 to a11 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 final report, and the proceedings in c.c.no.1393 of 2018.4. on instructions, learned public prosecutorsubmitted that the matter is settled and he produced signed statements of respondents 2 to 11. 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 final report and further proceedings in c.c.no.1393 of 20185. since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners.6. in the light of the principles laid down by theapex 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. in the result, this crl.mc is allowed, and annexure a1 final report and further proceedings in c.c.no.1393 of 2018 on the file of judicial first class magistrate court, muvattupuzha. stand quashed. sd/- sophy thomas judge smm appendix of crl.mc 882/2024 petitioner.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 CRL.MC NO. 882 OF 2024 CRIME NO.2163/2018 OF Muvattupuzha Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1393 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA PETITIONERS
1 SHINAJ AGED 34 YEARS S/O AHAMMED, AACHERIYIL HOUSE, WEST PUNNAMATTOM KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 2 LISHAD AGED 37 YEARS S/O BHASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA., PIN - 686673 3 LISSAM AGED 28 YEARS S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK., PIN - 4 LIBIN AGED 26 YEARS S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK., PIN - 5 LIBINA AGED 30 YEARS W/O MANSOOR, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 6 AMINA AGED 49 YEARS W/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK., PIN - 7 FATHIMA AGED 55 YEARS W/O ALIYAR, THURUTHEL HOUSE, VALACHIRA BHAGAM, PAIMATTOM KARA, PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK., PIN - 686671
BY ADVS. V.A.NAVAS SARA JOHN RESPONDENTs
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 JASEENA AGED 40 YEARS W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA, ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 3 AISHA AGED 55 YEARS W/O PAREETH, THENNALIKUDIYIL HOUSE, KANJARAKKADU KARA, PERUMBAVOOR VILLAGE., PIN - 4 MAKKAR AGED 65 YEARS S/O MAITHEEN, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 5 JASMINE AGED 41 YEARS D/O MAITHEEN, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 6 FATHIMA AGED 60 YEARS W/O MAKKAR, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 7 SAJITHA AGED 45 YEARS W/O ALI, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN -
8 ABINA SUBAIR AGED 17 YEARS D/O SUBAIR, IDASHERIKULANGARA, KADUMPIDI KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA, 686673, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN JASEENA, AGED 40 YEARS, W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA, ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 9 ADHABIYA SUBAIR AGED 14 YEARS D/O SUBAIR, IDASHERIKULANGARA, KADUMPIDI KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA, 686673, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN JASEENA, AGED 40 YEARS, W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA, ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 10 AFIDA AGED 20 YEARS D/O NASAR, KOTTAPURAM BHAGAM, RANDAR KARA, MUVATTUPUZHA VILLAGE., PIN - 686673 11 NOUFAL AGED 39 YEARS S/O MUHAMMED, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 BY ADV P. M RAFEEK (PATTAM)
OTHER PRESENT: PP-SRI.PRASANTH M.P, SR.PP-SRI.VIPIN NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Crl.M.C No.882 of 2024 is filed under Section 482 of Cr.P.C., by the accused in Crime No.2163 of 2018 of Muvattupuzha Police Station, Ernakulam, registered under Sections 323, 324, 325, 341, 354, 451, 506(i) and 34 of IPC, for quashing Annexure A1 Final Report and the proceedings in C.C.No.1393 of 2018 on the file of Judicial First Class Magistrate Court, Muvattupuzha.

2. The prosecution allegation is that when the

petitioners came to the parental house of the defacto complainant, which is the matrimonial house of the 5 th petitioner, to take away the child of the defacto complainant’s brother, the petitioners assaulted the respondents.

3. When the matter is taken up for consideration,

learned counsel for the petitioners submitted that the matter stands settled between themselves and respondents 2 to 11. Respondents 2 to 11 entered appearance through counsel, and submitted that the matter stands settled. Annexures A2 to A11 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 Final Report, and the proceedings in C.C.No.1393 of 2018.

4. On instructions, learned Public Prosecutor

submitted that the matter is settled and he produced signed statements of respondents 2 to 11. 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 Final Report and further proceedings in C.C.No.1393 of 2018

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

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 petitioners can be quashed on the basis of settlement. In the result, this Crl.MC is allowed, and Annexure A1 Final Report and further proceedings in C.C.No.1393 of 2018 on the file of Judicial First Class Magistrate Court, Muvattupuzha. stand quashed. Sd/- SOPHY THOMAS JUDGE smm APPENDIX OF CRL.MC 882/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL REPORT/CHARGE IN C.C NO. 1393/2018 DATED 26/09/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA

Annexure A2       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  2   EVIDENCING  THEIR   INTENTION   TO
Annexure A3       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  3   EVIDENCING  THEIR   INTENTION   TO
Annexure A4       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  4   EVIDENCING  THEIR   INTENTION   TO
Annexure A5       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  5   EVIDENCING  THEIR   INTENTION   TO
Annexure A6       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  6   EVIDENCING  THEIR   INTENTION   TO
Annexure A7       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  7   EVIDENCING  THEIR   INTENTION   TO
Annexure A8       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  8   EVIDENCING  THEIR   INTENTION   TO
Annexure A9       AFFIDAVIT EXECUTED BY THE RESPONDENTS
                  9   EVIDENCING  THEIR   INTENTION   TO
Annexure A10      AFFIDAVIT EXECUTED BY THE RESPONDENTS

10 EVIDENCING THEIR INTENTION TO Annexure A11 AFFIDAVIT EXECUTED BY THE RESPONDENTS 11 EVIDENCING THEIR INTENTION TO

Same Court & Year Kerala · 2024 Same Parties Shinaj vs State of Kerala Same Judge Honourable Mrs. Justice Sophy Thomas