Full Judgment
Crl.MC.No.1357 OF 2021(H) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 Crl.MC.No.1357 OF 2021(H) CRIME NO.264/2020 OF Pandikad Police Station , Malappuram PETITIONERS/ACCUSED:
1 ASIF AGED 32 YEARS S/O. MAJEED, ARIYADAN HOUSE, KADAMBODU P.O., 2 MAJEED AGED 65 YEARS S/O. ABDUL SATHAR, ARIYADAN HOUSE, KADAMBODU P.O., 3 ASIA AGED 60 YEARS W/O. ABDUL MAJEED, ARIYADAN HOUSE, KADAMBODU P.O., 4 ANSAD AGED 45 YEARS S/O. ABDUL MAJEED, ARIYADAN HOUSE, KADAMBODU P.O., 5 NISHA AGED 28 YEARS W/O. ANEESH, ARIYADAN HOUSE, KADAMBODU P.O., 6 ANEESA AGED 28 YEARS W/O. ANI SHANAVAS, ARIYADAN HOUSE, KADAMBODU P.O., BY ADV. SRI.P.ABDUL NISHAD
Crl.MC.No.1357 OF 2021(H) 2 RESPONDENTS/STATE AND DEFACTO COMPLAINANT 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2 SHAHANA SHERIN AGED 24 YEARS W/O. ASIF AND D/O. RASHEED PARAKKAL, ARIYADAN HOUSE, KADAMBODU P.O., PANDIKKAD VIA, ERANADU TALUK, MALAPPURAM DISTRICT, PIN-676 521. R2 BY ADV. NAJMA THABSHEERA.T
OTHER PRESENT: C.N.PRABHAKARAN- SR.P.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.1357 OF 2021(H) 3
ORDER
Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in Crime No. 264 of 2020 of Pandikkad Police Station registered for the offences punishable under Section 498A read with Section 34 of Indian Penal Code.
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. Therefore, this petition to quash Annexure A1 FIR and the proceedings in pursuant to Crime No.264 of 2020.
5. Learned counsel appearing for the 2 nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners. Annexure A4, 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 serious objection in allowing the petition.
7. As the dispute has been amicably settled, the possibility of conviction is remote and bleak. Crl.MC.No.1357 OF 2021(H) 4
8. 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 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, invoking the jurisdiction under Section 482 of Cr.P.C.
For the foregoing reasons, Annexure A1 FIR and the proceedings in pursuant to Crime No.264 of 2020 of Pandikkad Police Station, will stand quashed as prayed for.
Sd/- SHIRCY V. smm JUDGE Crl.MC.No.1357 OF 2021(H) 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.264/2020 OF PANDIKKAD POLICE STATION DATED 20.8.2020. ANNEXURE A2 A TRUE COPY OF THE REPORT FILED BY THE POLICE BEFORE THE JFCM COURT-II, DATED 21.6.2020. ANNEXURE A3 A TRUE COPY OF THE AGREEMENT BETWEEN THE IST PETITIONER AND THE 2ND RESPONDENT DATED 18.1.2021. ANNEXURE A4 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 5.2.2021.