Nazar vs State of Kerala

NAZAR vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 26, 2021

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https://sooperkanoon.com/case/1595894

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Citation: sooperkanoon.com/1595894
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Feb 26, 2021
Case Number: Crl.MC/335/2021

Parties & Advocates

Appellant / Petitioner

NAZAR

Respondent

State of Kerala

Excerpt

.....the sole accused in crime no.2462 of 2020 of kadakkal police station registered for the offences punishable under sections 324 and 498a of indian penal code.3. it is submitted by the learned counsel for the petitioner that, at the instance of the defacto complainant, on some misunderstanding and difference of opinion with the petitioner, the fir was registered against him and now the parties have resolved the entire disputes among themselves and as such there isno subsisting dispute between them. now they are living together as husband and wife. therefore, this petition to quash annexure 1 fir. 4. learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioner. annexure 2 is the affidavit sworn to byher in support of the submission of the petitioner. the affidavit further indicates that she has no intentionto pursue the matter further. 5. the learned public prosecutor has reported that the prosecution has no serious objection in allowing the petition. it is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, nouseful purpose would be served in proceeding with the case.6. heard both sides and perused the records.7. on hearing the submissions of all concerned, as well on consideration of the specialfacts and circumstances involved in this case, i findthat no fruitful purpose is likely to be served by proceeding with the matter against the petitioner. moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. therefore, for the purpose of securing the ends of justice, this crl.m.c. is.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 Crl.MC.No.335 OF 2021(B) CRIME NO.2462/2020 OF Kadakkal Police Station, Kollam PETITIONER/ACCUSED: NAZAR, AGED 40 YEARS SUMAYYA MANZIL KIZHAKKUM BHAGAM, CHITHARA P. O., CHITHARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM, PIN - 691 559. BY ADV. SRI.S.R.SREEJITH RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 SUMMAYYA, AGED 37 YEARS D/O. UMMULKULS, SUMAYYA MANZIL KIZHAKKUM BHAGAM, CHITHARA P. O., CHITHARA VILLAGE, KOTTARAKKARA TALUK, KOLLAM, PIN - 691 559. R2 BY ADV. G.BIJU OTHER PRESENT: SRI AJITH MURALI-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 26th day of February 2021 Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.2462 of 2020 of Kadakkal Police Station registered for the offences punishable under Sections 324 and 498A of Indian Penal Code.

3. It is submitted by the learned counsel for the petitioner that, at the instance of the defacto complainant, on some misunderstanding and difference of opinion with the petitioner, the FIR was registered against him and now the parties have resolved the entire disputes among themselves and as such there is

no     subsisting          dispute between them. Now they are
living together as husband and wife.                  Therefore, this
petition to quash          Annexure 1 FIR.
           4.       Learned        counsel    appearing   for   the    2nd
respondent/defacto complainant has                submitted that she
has    absolutely no grievance or complaints against the
petitioner.         Annexure 2 is the affidavit sworn to by

her in support of the submission of the petitioner. The affidavit further indicates that she has no intention

to   pursue the matter further.
           5.      The learned Public Prosecutor has reported
that    the     prosecution             has       no    serious     objection   in
allowing the petition.                  It is also          submitted that      as
the dispute has been amicably                          settled, the possibility
of conviction is remote and bleak and                             therefore,    no

useful purpose would be served in proceeding with the case.

6. Heard both sides and perused the records.

7. On hearing the submissions of all concerned, as well on consideration of the special

facts and circumstances involved in this case, I find

that no fruitful purpose is likely to be served by proceeding with the matter against the petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed. For the foregoing reasons, Annexure 1 FIR and all further proceedings in Crime No.2462 of 2020 of Kadakkal Police Station will stand quashed as prayed for. Sd/- SHIRCY V. JUDGE sb APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE F.I.R. IN CRIME NO.2462/2020 OF KADAKKAL POLICE STATION, KOLLAM. ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE DE- FACTO COMPLAINANT DATED 19.11.2020.

Same Court & Year Kerala · 2021 Same Parties NAZAR vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.