Sujeesh vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 07, 2024

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Citation: sooperkanoon.com/1327816
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Aug 07, 2024
Case Number: Crl.MC/5449/2024

Parties & Advocates

Appellant / Petitioner

Sujeesh

Respondent

State of Kerala

Excerpt

.....all further proceedings pursuant to annexure.a final report in crime no.22/2021 of changaramkulam police station, malappuram, now pending as c.c. no.593/2021 on the files of the judicial first class magistrate court, ponnani. the petitioner herein is the sole accused in the above case.2. heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned public prosecutor.3. in this matter, prosecution alleges commission of offences punishable under sections 354(d) and 509 of indian penal code and section 119(b) of the kerala police act.4. it is submitted that the matter has been amicablysettled and the defacto complainant filed afÏdavit in this regard. the defacto complainant stated in her afÏdavit that she has no intention to proceed further in this matter.5. the learned public prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.6. since the matter has been amicably settledbetween the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this criminal miscellaneous case stands allowed. annexure.a final report in crime no.22/2021 of changaramkulam police station, malappuram, now pending as c.c. no.593/2021 on the files of the judicial first class magistrate court, ponnani and the proceedings thereof as against the petitioner stand quashed.sd/- a. badharudeen judge sk appendix of crl.mc 5449/2024 petitioner annexures : annexure a a certified copy of the final report along with the memorandum of evidence in crime no.22/2021 of the changaramkulam police station dated 17-1-2021 annexure b affidavit executed by the 3rd respondent dated 10-06-2024

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 CRL.MC NO. 5449 OF 2024 CRIME NO.22/2021 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM IN C.C. NO.593 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI PETITIONERS/ACCUSED: SUJEESH AGED 34 YEARS S/O. SAROJINI, NELLIKKUNNATH HOUSE, PARAYANVALAPPIL, AYALAKKAD P.O., MALAPPURAM DISTRICT, PIN - 679576 BY ADV K.RAKESH RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT, PIN - 679575 3 SHAIMA AGED 24 YEARS D/O. BASHEER, PATTATHU VALAPPIL HOUSE, SUKHAPURAM P.O., KALADITHARA, MALAPPURAM DISTRICT, PIN - 679576 BY ADV KIRAN THOMAS PP - M P PRASANTH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON 07.08.2024 PASSED THE FOLLOWING:

ORDER

Dated this the 7th day of August, 2024

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A Final Report in Crime No.22/2021 of Changaramkulam Police Station, Malappuram, now pending as C.C. No.593/2021 on the files of the Judicial First Class Magistrate Court, Ponnani. The petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

3. In this matter, prosecution alleges commission of offences punishable under Sections 354(D) and 509 of Indian Penal Code and Section 119(b) of the Kerala Police Act.

4. It is submitted that the matter has been amicably

settled and the defacto complainant filed afÏdavit in this regard. The defacto complainant stated in her afÏdavit that she has no intention to proceed further in this matter.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

6. Since the matter has been amicably settled

between the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this Criminal Miscellaneous Case stands allowed. Annexure.A Final Report in Crime No.22/2021 of Changaramkulam Police Station, Malappuram, now pending as C.C. No.593/2021 on the files of the Judicial First Class Magistrate Court, Ponnani and the proceedings thereof as against the petitioner stand quashed.

Sd/- A. BADHARUDEEN JUDGE SK APPENDIX OF CRL.MC 5449/2024 PETITIONER ANNEXURES : Annexure A A CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE MEMORANDUM OF EVIDENCE IN CRIME NO.22/2021 OF THE CHANGARAMKULAM POLICE STATION DATED 17-1-2021 Annexure B AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 10-06-2024

Same Court & Year Kerala · 2024 Same Parties Sujeesh vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen