Jezwin Rasheed vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1316349
CourtKerala High Court
Decided OnJun-12-2024
Case NumberCrl.MC/2532/2024
JudgeHonourable Mr. Justice a. Badharudeen
AppellantJezwin Rasheed
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen wednesday, the 12th day of june 2024 / 22nd jyaishta, 1946 crl.mc no. 2532 of 2024 crime no.3034/2023 of thoppumpady police station, ernakulampetitioners/accused nos 1 to 3: 1 jezwin rasheed aged 34 years s/o rasheed n. k, cc no.14/1985, r.k.pillai road, karuvelipady, kochi, 2 rasheed n k aged 68 years s/o kunjo n a, house no.14/1985, r.k.pillai road, karuvelipady, kochi., 3 shakeela rasheed aged 61 years w/o rasheed n.k , house no.14/1985, r.k.pillai road, karuvelipady, kochi., by advs. r.o.muhamed shemeem naseeha beegum p.s. respondents/defacto complainant:1 state of kerala rep. dy station house officer, thoppumpady police station, thoppumpady, kochi - 682 005. represented by pubic prosecutor, high court of kerala, ernakulam, pin - 682011 2 jasna abdul jabbar aged 33 years d/o, abdul jabbar, residing at flat no. 13-f, veegaland, kings fort flat, mathcor, ercor, nadama, near railway bridge, emakulam city., pin - 682306 by adv m.h.asif ali renjit george - sr pp this criminal misc. case having come up for admission on 12.06.2024, the court on the same day passed the following:orderdated this the 12th day of june, 2024 this criminal miscellaneous case has been filed under section 482 of the code of criminal procedure, 1973, to quash annexure-a1 fir in crime no.3034/2023, dated 23.12.2023 of thoppumpady police station pending on the files of the learned judicial first class magistrate court - ii, kochi.2. heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned public prosecutor.3. in this matter, offence punishable under section 498a of ipc is alleged to have been committed by the accused.4. it is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.5. the learned public prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.6. since the dispute has been settled in betweenhusband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. therefore, in the interest of justice, i am inclined to allow this petition. in the result, this petition stands allowed and annexure-a1 fir in crime no.3034/2023, dated 23.12.2023 of thoppumpady police station pending on the files of the learned judicial first class magistrate court - ii, kochi stand quashed. sd/- a. badharudeen judge msa appendix of crl.mc 2532/2024 petitioner annexures annexure a1 certified copy of the fir in crime no. 3034 of 2023, dated 23.12.2023 of thoppumpady police station annexure a2 a true copy of the judgement dated 14.02.2024 in op no. 2475 of 2023 on the file of learned family court at ernakulam annexure a3 a true copy of the mediation agreementdated 14.02.2024 between the 1§t petitioner and 2nd respondent in op no. 2475 of 2023 on the file of the learned family court at ernakulam. annexure a4 origlnal of affidavit executed by the 2nd respondent on 14.02.2024
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946 CRL.MC NO. 2532 OF 2024 CRIME NO.3034/2023 OF Thoppumpady Police Station, Ernakulam

PETITIONERS/ACCUSED NOS 1 TO 3: 1 JEZWIN RASHEED AGED 34 YEARS S/O RASHEED N. K, CC NO.14/1985, R.K.PILLAI ROAD, KARUVELIPADY, KOCHI, 2 RASHEED N K AGED 68 YEARS S/O KUNJO N A, HOUSE NO.14/1985, R.K.PILLAI ROAD, KARUVELIPADY, KOCHI., 3 SHAKEELA RASHEED AGED 61 YEARS W/O RASHEED N.K , HOUSE NO.14/1985, R.K.PILLAI ROAD, KARUVELIPADY, KOCHI., BY ADVS. R.O.MUHAMED SHEMEEM NASEEHA BEEGUM P.S. RESPONDENTS/DEFACTO COMPLAINANT:

1 STATE OF KERALA REP. DY STATION HOUSE OFFICER, THOPPUMPADY POLICE STATION, THOPPUMPADY, KOCHI - 682 005. REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682011 2 JASNA ABDUL JABBAR AGED 33 YEARS D/O, ABDUL JABBAR, RESIDING AT FLAT NO. 13-F, VEEGALAND, KINGS FORT FLAT, MATHCOR, ERCOR, NADAMA, NEAR RAILWAY BRIDGE, EMAKULAM CITY., PIN - 682306 BY ADV M.H.ASIF ALI RENJIT GEORGE - SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 12th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-A1 FIR in Crime No.3034/2023, dated 23.12.2023 of Thoppumpady Police Station pending on the files of the learned Judicial First Class Magistrate Court - II, Kochi.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offence punishable under Section 498A of IPC is alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6. Since the dispute has been settled in between

husband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed and Annexure-A1 FIR in Crime No.3034/2023, dated 23.12.2023 of Thoppumpady Police Station pending on the files of the learned Judicial First Class Magistrate Court - II, Kochi stand quashed. Sd/- A. BADHARUDEEN JUDGE MSA APPENDIX OF CRL.MC 2532/2024 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 3034 OF 2023, DATED 23.12.2023 OF THOPPUMPADY POLICE STATION Annexure A2 A TRUE COPY OF THE JUDGEMENT DATED 14.02.2024 IN OP NO. 2475 OF 2023 ON THE FILE OF LEARNED FAMILY COURT AT ERNAKULAM Annexure A3 A TRUE COPY OF THE MEDIATION AGREEMENT

DATED 14.02.2024 BETWEEN THE 1§T PETITIONER AND 2ND RESPONDENT IN OP NO. 2475 OF 2023 ON THE FILE OF THE LEARNED FAMILY COURT AT ERNAKULAM. Annexure A4 ORIGLNAL OF AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT ON 14.02.2024