Dilshad vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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Citation: sooperkanoon.com/1651480
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Jul 30, 2021
Case Number: Crl.MC/2972/2021

Parties & Advocates

Appellant / Petitioner

Dilshad

Respondent

State of Kerala

Excerpt

.....file of the judicial first class magistrate, chavakkad.3. heard both sides and perused the records.4. it is submitted by the learnedcounsel 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 a2 final report.5. learned counsel appearing for the 2ndrespondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioners. 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 serious objection in allowing the petition.7. as the dispute has been amicably settled, the possibility of conviction is remote and bleak.8. therefore, considering the specialfacts 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. for the foregoing reasons, annexure a2 final report in crime no. 602 of 2020 of guruvayur police station now pending as c.c. no. 3026 of 2020 on the file of the judicial first class magistrate, chavakkad, will stand quashed as prayed for.sd/- shircy v. judge sb appendix of crl.mc 2972/2021 petitioner annexure annexure a1 certified copy of in crime no. 602/2020 of guruvayur police station, thrissur. annexure a2 certified copy of the final report now pending as cc no.3026/2020 before the judicial first class magistrate court, chavakkad. annexure a3 true copy of the affidavit sworn by the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CRL.MC NO. 2972 OF 2021 CC 3026/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHAVAKKAD, THRISSUR CRIME NO. 602 OF 2020 OF GURUVAYOOR POLICE STATION PETITIONERS/ACCUSED 1 TO 4:

1 DILSHAD, AGED 30 YEARS S/O. ABUBAKKAR, THAZHATH HOUSE, IRINGAPURAM, 2 ABUBAKKAR, AGED 66 YEARS THAZHATH HOUSE, IRINGAPURAM, IRINGAPURAM P.O, GURUVAYOOR, THRISSUR - 680103. 3 SAHIRA, AGED 60 YEARS W/O. ABUBAKKAR, THAZHATH HOUSE, IRINGAPURAM, 4 SHIRIN, AGED 25 YEARS D/O. ABUBAKKAR,THAZHATH HOUSE, IRINGAPURAM, BY ADV M.R.SASITH

RESPONDENTS/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 RISHEEN, AGED 26 YEARS D/O. RASAK, ERANDAKATTIL HOUSE, CHEMMANOOR, PUNNAYOORKULAM, VADAKKEKAD, THRISSUR, PIN - 679562. 3 THE SUB INSPECTOR, GURUVAYUR POLICE STATION, THRISSUR - 680101. BY ADV M.R.SASITH OTHER PRESENT: AJITH MURALI -P.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

DATED THIS THE 30TH DAY OF JULY, 2021 Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioners are accused Nos. 1 to

4 in Crime No. 602 of 2020 of Guruvayur Police Station registered for the offence punishable under Section 498A read with Section 34 of Indian Penal Code, now pending as C.C. No. 3026 of 2020 on the file of the Judicial First Class Magistrate, Chavakkad.

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 A2 final report.

5. Learned counsel appearing for the 2nd

respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioners. 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 serious objection in allowing the petition.

7. As the dispute has been amicably settled, the possibility of conviction is remote and bleak.

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. For the foregoing reasons, Annexure A2 final report in Crime No. 602 of 2020 of Guruvayur Police Station now pending as C.C. No. 3026 of 2020 on the file of the Judicial First Class Magistrate, Chavakkad, will stand quashed as prayed for.

Sd/- SHIRCY V. JUDGE sb APPENDIX OF CRL.MC 2972/2021 PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF IN CRIME NO. 602/2020 OF GURUVAYUR POLICE STATION, THRISSUR. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT NOW PENDING AS CC NO.3026/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2021 Same Parties Dilshad vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.