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.611 OF 2021(F) CC 252/2019 DATED 25-10-2019 OF CHIEF JUDICIAL MAGISTRATE, THRISSUR CRIME NO.611/2019 OF Town West Police Station, Thrissur PETITIONERS/ACCUSED 1 & 2: 1 HEMALATHA, AGED 60 YEARS W/O. RADHAKRISHNAN, RESIDING AT VANSHIKA APARTMENTS, PANAMPILLY NAGAR, KADAVANTHARA, ERNAKULAM. 2 RAAGEE, AGED 39 YEARS D/O. RADHAKRISHNAN, RESIDING AT VANSHIKA APARTMENTS, PANAMPILLY NAGAR, KADAVANTHARA, ERNAKULAM. BY ADVS. SRI.G.HARIHARAN SMT.T.T.SHANIBA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. 2 ATHIRA SURESH, AGED 25 YEARS D/O. SURESH, RESIDING AT KADAVATH HOUSE, PULLAZHI, THRISSUR WEST, THRISSUR DISTRICT - 680 004. 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 petitioners are accused Nos. 1 and 2 in
Crime No. 611 of 2019 of Thrissur West Police Station registered for the offence punishable under Section 498A of Indian Penal Code, now pending as C.C. No. 252
of 2019 on the file of the Chief Judicial Magistrate, Thrissur.
3. It is submitted by the learned counsel for the petitioners that the parties have resolved the entire disputes among themselves and as such there is
no subsisting dispute between them. Therefore, this
petition to quash Annexure A2 final report.
4. Learned counsel appearing for the 2nd
respondent/defacto complainant has submitted that she
has absolutely no grievance or complaints against the
petitioners. Annexure A3 is the affidavit sworn to byher in support of the submission of the petitioners.
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, 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 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 petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed. For the foregoing reasons, Annexure A2 final report in C.C. No. 252 of 2019 on the file of the Chief Judicial Magistrate, Thrissur arising from Crime No.611
of 2019 of Thrissur West Police Station will stand quashed as prayed for. Sd/- SHIRCY V. JUDGE sb APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIR REGISTERED AS CRIME NO.611/2019 OF THRISSUR WEST POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT NO.455/2019 DATED 23.10.2019 SUBMITTED BY THE SRO,THRISSUR WEST POLICE STATION. ANNEXURE A3 ORIGINAL OF THE AFFIDAVIT DATED 28.01.2020 SWORN TO BY THE 2ND RESPONDENT.