Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943 Crl.MC.No.809 OF 2021(A) CC 615/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VARKALA CRIME NO.314/2014 OF AIROOR POLICE STATION, Thiruvananthapuram PETITIONERS/ACCUSED 1 TO 4:
1 BINUMON, AGED 43 YEARS S/O. SHARAHABEEL, VARIL KIZHAKKATHIL VEEDU, 2 HASHEEDA BEEVI, AGED 64 YEARS W/O. SHARAHABEEL, VARIL KIZHAKKATHIL VEEDU, 3 BEENA, AGED 40 YEARS D/O. SHARAHABEEL, VARIL KIZHAKKATHIL VEEDU, 4 BIJU, AGED 34 YEARS S/O. SHARAHABEEL, VARIL KIZHAKKATHIL VEEDU, BY ADVS. SRI.V.B.PREMACHANDRAN SRI.S.MADHAVAN NAIR
RESPONDENTS/COMPLAINANT: 1 SERIN, AGED 36 YEARS W/O. BINUMON, VALATHILVEEDU, KURAKKANI DESOM, VARKALA TALUK, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT-695 141 2 STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 R1 BY ADV. K.N.CHANDRABABU OTHER PRESENT: C.N.PRABHAKARAN- SR.P.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 22nd day of March 2021 Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioners are accused Nos. 1 to 4 in Crime No. 314 of 2014 of Ayroor Police Station registered for the offences punishable under Sections 498A and 34 of Indian Penal Code, now pending as C.C. No. 615 of 2015 on the file of the Judicial First Class Magistrate Court-I, Varkala.
3. Heard both sides and perused the records.
4. It is submitted by the learned counsel
for the petitioners that the parties have resolved the entire dispute among themselves and there is no subsisting dispute between them. In fact, this case was instituted to speed up the recovery proceedings and all other proceedings finalized as part of the settlement. Therefore, this petition to quash the FIR and final report.
5. Learned counsel appearing for the 1 st
respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners as the terms of settlement
have been complied with. Annexure A3, the affidavit
sworn to by her, indicates that she has no
intention to pursue the matter further.
6. The learned Public Prosecutor has
reported that the prosecution has no seriousobjection in allowing the petition.
7. As the dispute has been amicably settled, the possibility of conviction is remote
and bleak. Therefore, considering 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 as the dispute is only personal 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 A1 FIR, Annexure A2 final report and all further proceedings in C.C. No. 615 of 2015 on the file of
the Judicial First Class Magistrate Court-I, Varkala arising from Crime No.314 of 2014 of Ayroor Police Station, will stand quashed, invoking the power of this court under Section 482 of the Code of Criminal Procedure. Sd/- SHIRCY V. JUDGE sb APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME NO.14/2014 OF THE AYROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE-A2 CERTIFIED COPY OF FINAL REPORT IN CC NO.615/2015 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT-I, VARKALA, THIRUVANANTHAPURAM DISTRICT ANNEXURE-A3 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 7.3.2019