Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944 CRL.MC NO.598 OF 2022 (Crime No.374 of 2021 of Karuvarakundu Police Station CC No.967 of 2021 of Judicial Magistrate of First Class-I, Manjeri) PETITIONER/ACCUSED: NOUFAL AGED 30 YEARS, S/O. ABOOBACKER, CHERIYODAN HOUSE, THARISH POST, BY ADVS. T.M.RAMAN KARTHA SYAMA MOHAN M.S.SOUJATH RESPONDENTS/COMPLAINANT & STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE KARUVARAKUNDU POLICE STATION , 3 HASNA, AGED 21 YEARS, D/O. VEERANKUTTY, CHILAMBILAKKAI, PARAVATTY, KARUVARAKUNDU, MALAPPURAM DISTRICT., PIN - 676523 BY ADV T.M.RAMAN KARTHA SRI.ARAVIND V. MATHER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C No.598 of 2022 2
SOPHY THOMAS, J.
Crl.M.C No.598 of 2022 Dated this the 4th day of May, 2022
ORDER
The petitioner is the accused in Crime No.374 of 2021 of Karuvarakundu Police Station. Cognizance is taken in that crime and now C.C No.967 of 2021 is pending before the Judicial First Class Magistrate Court, Manjeri based on that crime. The offence alleged is under Section 498A of IPC.
2. The 3rd respondent/de facto complainant is the wife of the
petitioner. The allegation was that, the petitioner was ill-treating the 3rd respondent physically and mentally on demand of dowry. Now the petitioner says that, the dispute has been settled between himself and the 3rd respondent and a compromise agreement has been entered into between them. So, the pendency of the crime and C.C No.967 of 2021 will not serve any purpose and hence, he approached this Court to quash the crime and the proceedings in C.C No.967 of 2021.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Crl.M.C No.598 of 2022 3
4. The de facto complainant filed an affidavit stating that, the
disputes between herself and the petitioner were settled out of court and there is no necessity to prosecute the case further. She has no objection in quashing the crime and the proceedings pursuant thereto pending before the Judicial First Class Magistrate Court, Manjeri as C.C No.967 of 2021.
5. The dispute between the petitioner and the 3 rd respondent
is of private nature and no public interest is involved. Since the matter is settled and the 3rd respondent has no intention to prosecute the matter, the crime as well as C.C No.967 of 2021 pending before the Judicial First Class Magistrate Court, Manjeri is liable to be quashed.
In the result, this Crl.M.C is allowed quashing Crime No.374 of 2021 of Karuvarakundu Police Station and the proceedings pursuant thereto pending before the Judicial First Class Magistrate Court, Manjeri as C.C No.967 of 2021. The petitioner is set at liberty forthwith, cancelling the bail bond, if any, executed by him.
Sd/- SOPHY THOMAS JUDGE smp Crl.M.C No.598 of 2022 4 APPENDIX OF CRL.MC 598/2022 PETITIONER'S ANNEXURES: Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 374/2021 OF KARUVARUKUNDU POLICE STATION Annexure A3 TRUE COPY OF THE COMPROMISE AGREEMENT BETWEEN THE PETITIONER AND 3RD RESPONDENT ON 9.9.2021 Annexure A4 AFFIDAVIT DATED 15.1.2022 SWORN BY THE 3RD RESPONDENT RESPONDENT'S ANNEXURES: NIL. True Copy P.S to Judge smp