Full Judgment
Crl.MC.No.1380 OF 2021(B) 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.1380 OF 2021(B) AGAINST THE ORDER/JUDGMENT IN CC 746/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD CRIME NO.143/2019 OF Manjeswar Police Station , Kasargod PETITIONERS/ACCUSED NOS.1 TO 3: 1 IMTHIYAS AGED 31 YEARS S/O.LATE MOIDEEN HAJI,FATHIMA Z MANZIL, 2 THASLEEMA, AGED 27 YEARS W/O.MUHAMMED IMTHIYAZ,FATHIMA Z MANZIL, 3 ZUHARA, AGED 52 YEARS W/O.LATE MOIDEEN HAJI,,FATHIMA Z MANZIL, BY ADV. SMT.ANN SUSAN GEORGE RESPONDENTS/COMPLAINANT AND STATE: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. 2 THE SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION,KASARAGOD DISTRICT- 671323. 3 FATHIMA BEE D/O.ABDUL RAHIMAN,AYSHA MANZIL, HIDAYATH NAGAR,UPPALA,MANJESHWAR TALUK, KASARAGOD DISTRICT-671323.
Crl.MC.No.1380 OF 2021(B) 2 R3 BY ADV. V.JAYAPRADEEP OTHER PRESENT: AJITH MURALI- 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.1380 OF 2021(B) 3
ORDER
Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in Crime No.143 of 2019
of Manjeshwar Police Station registered for the offences punishable under Sections 323 and 498 A of Indian Penal Code, now pending as C.C. No. 746 of 2019 on the file of the Judicial First Class Magistrate Court-II, Kasaragod.
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 the proceedings in C.C.No.746 of 2019.
5. Learned counsel appearing for the 3 rd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners. Annexure II, 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.1380 OF 2021(B) 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, the proceedings in C.C. No. 746 of 2019 on the file of the Judicial First Class Magistrate Court-II, Kasaragod arising from Crime No.143 of 2019 of Manjeshwar Police Station, will stand quashed as prayed for. Sd/- SHIRCY V. smm JUDGE Crl.MC.No.1380 OF 2021(B) 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE I THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.746/2019 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II,KASARAGOD,IN CRIME NO.143/2019 OF MANJESHWAR POLICE STATION,KASARAGOD. ANNEXURE II THE TRUE COPY OF THE AFFIDAVIT DATED 28.07.2020.SWORN IN BY THE 3RD RESPONDENT.