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.643 OF 2021(A) CC 34/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM CRIME NO.109/2020 OF THOTTILPALAM POLICE STATION, Kozhikode PETITIONERS/ACCUSED: HAMEED AGED 51 YEARS S/O.KUNHAMMAD, KUDIYALAMKANDY (H), AAKKAL P.O., THALIYIL, KOZHIKODE DISTRICT. BY ADVS. SMT.PARVATHY S.KRISHNAN SHRI.MITHUN P. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031 2 KUNHAMI, AGED 68 YEARS W/O.LATE HASSAN, RESIDING AT ELAVANAPOYIL (H), AAKKAL P.O., THALIYIL, KOZHIKODE DISTRICT - 673 513. R2 BY ADV. JITHIN CHANDRAN C.T. 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.109 of 2020 of Thottipalam Police Station registered for the offences punishable under Sections 447, 323 and 506 of Indian Penal Code, now pending as C.C. No. 34 of 2021 on the file of the Judicial First Class Magistrate-I, Nadapuram.
3. It is submitted by the learned counsel for
the petitioner that the parties have resolved their entire disputes among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash the final report.
4. Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that the FIR was lodged against the petitioner on the basis of some misunderstanding and now she has absolutely no
grievance or complaints against the petitioner. Annexure A2 is the affidavit sworn to by her in support of the submission of the petitioner. The affidavit further indicates 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. On hearing the submissions of all concerned, and on perusal of the records 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 this 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 A1 final report in Crime No.109 of 2020 of Thottipalam Police Station, now pending as C.C. No. 34 of 2021 on the file of the Judicial First Class Magistrate-I, Nadapuram will stand quashed as prayed for. Sd/- SHIRCY V. JUDGE sb APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET, IN CRIME NO.109 OF 2020 OF THOTTIPALAM POLICE STATION, KOZHIKODE DISTRICT. ANNEXURE A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.