Thaha vs State of Kerala

THAHA vs State of Kerala

Type Court Judgment Court Kerala Decided May 28, 2021

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https://sooperkanoon.com/case/1624749

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Citation: sooperkanoon.com/1624749
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: May 28, 2021
Case Number: Crl.MC/2323/2020

Parties & Advocates

Appellant / Petitioner

THAHA

Respondent

State of Kerala

Excerpt

.....1 thaha,aged 38 years s/o.abdul karim, thannikkal kizhakkathil, edavanaseery, 2 ajmal @ abhi,aged 18 years s/o.thaha, thannikkal kizhakkathil, edavanaseery, by advs. sri. k.siju smt.s.seetha, smt.anjana kannath espondents/state & de-facto complainant1 state of kerala represented by the public prosecutor, high court of kerala, ernakulam-31. 2 the station house officer sasthamcotta police station, kollam district. 3 sheeba.m.u,aged 30 years w/o.sajeendran, puthuveettil vadakkathil, edavanassery, 4 sajeendran,aged 38 years s/o.santhamma, puthuveettil vadakkathil, edavanassery, by adv a.muhammed raffi pp maya m.nthis criminal misc. case having come up for admission on 28.05.2021, the court on the same day delivered the following:orderpetitioners are the accused in crime no.2051/2019 of sasthamcotta police station for offences punishable under sections 354, 323, 324, 294(b), 34,451, 506 of ipc and sections.3(1)(w)(i), 3(2)(va) of sc/st (prevention of atrocities) act, 1989.2. the crux of the allegation is that, thepetitioners herein caught hold of the defacto complainant and attempted to molest her. it was stated that, they also abused her by calling her caste name. it is submitted that, the matter is settled and the petitioners relied on affidavitsfiled by the respondents 3 and 4.3. the learned counsel for the respondents 3 and 4 submitted that, her clients have informed that they have voluntarily executed the affidavits and that the statements contained in there are true.4. the learned public prosecutor, on instruction, submitted that the matter has been settled and the petitioners have no criminal antecedents. having considered the fact that the entiredispute has been settled to the satisfaction of both sides, i am inclined to invoke the jurisdiction under section 482 cr.p.c and to quash the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943 AGAINST THE ORDER IN CRIME NO.2051/2019 OF SASTHAMCOTTA POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 THAHA,AGED 38 YEARS S/O.ABDUL KARIM, THANNIKKAL KIZHAKKATHIL, EDAVANASEERY, 2 AJMAL @ ABHI,AGED 18 YEARS S/O.THAHA, THANNIKKAL KIZHAKKATHIL, EDAVANASEERY, BY ADVS. SRI. K.SIJU SMT.S.SEETHA, SMT.ANJANA KANNATH ESPONDENTS/STATE & DE-FACTO COMPLAINANT

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2 THE STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT. 3 SHEEBA.M.U,AGED 30 YEARS W/O.SAJEENDRAN, PUTHUVEETTIL VADAKKATHIL, EDAVANASSERY, 4 SAJEENDRAN,AGED 38 YEARS S/O.SANTHAMMA, PUTHUVEETTIL VADAKKATHIL, EDAVANASSERY, BY ADV A.MUHAMMED RAFFI PP MAYA M.N

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioners are the accused in Crime No.2051/2019 of Sasthamcotta Police Station for offences punishable under Sections 354, 323, 324, 294(b), 34,451, 506 of IPC and Sections.3(1)(w)(i), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The crux of the allegation is that, the

petitioners        herein       caught        hold      of     the     defacto
complainant        and    attempted        to   molest        her.     It    was
stated    that,     they       also    abused     her    by        calling   her
caste     name.    It     is    submitted       that,        the    matter   is
settled     and    the     petitioners          relied       on     affidavits

filed by the respondents 3 and 4.

3. The learned counsel for the respondents 3 and 4 submitted that, her clients have informed that they have voluntarily executed the affidavits and that the statements contained in there are true.

4. The learned Public Prosecutor, on instruction, submitted that the matter has been settled and the petitioners have no criminal antecedents. Having considered the fact that the entire

dispute has been settled to the satisfaction of both sides, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C and to quash the entire criminal proceedings. Crl.M.C. is accordingly allowed. Sd/- SUNIL THOMAS JUDGE hmh APPENDIX OF CRL.MC 2323/2020 PETITIONER'S EXHIBITS ANNEXURE I THE CERTIFIED COPY OF FIR WITH FIS IN CRIME NO.2051/2019 OF SASTHAMCOTTA POLICE STATION.

ANNEXURE 2              THE COPY OF AFFIDAVIT SWORN BY THE 3RD
ANNEXURE 3              THE COPY OF AFFIDAVIT SWORN BY THE 4H
RESPONDENT'S EXHIBITS     NIL

Same Court & Year Kerala · 2021 Same Parties THAHA vs State of Kerala Same Judge Honourable Mr. Justice Sunil Thomas