Kerala High Court
Muhammad Shafi vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 9438 OF 2023
CRIME NO.679/2023 OF Perinthalmanna Police Station,
Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.626 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA
PETITIONER/S:
1 MUHAMMAD SHAFI
AGED 27 YEARS
S/O. ABDUL ALI RESIDING AT, NECHIYIL THODI HOUSE,
KANNAKKAVU, ELAMKULAM, MALAPPURAM, PIN - 679340
2 RUKKIYA
AGED 59 YEARS
W/O. ABDUL ALI RESIDING AT, NECHIYIL THODI HOUSE,
KANNAKKAVU, ELAMKULAM, MALAPPURAM, PIN - 679340
3 SAFIYA
AGED 37 YEARS
D/O. ABDUL ALI RESIDING AT, NECHIYIL THODI HOUSE,
KANNAKKAVU, ELAMKULAM, MALAPPURAM, PIN - 679340
4 SAFEENATH
AGED 33 YEARS
D/O. ABDUL ALI, RESIDING AT, NECHIYIL THODI
HOUSE, KANNAKKAVU, ELAMKULAM, MALAPPURAM, PIN -
679340
BY ADVS.
ANOOP.V.NAIR
ROHITH C.
TANOOSHA PAUL
AVANTHIKA R.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
PERINTHALMANNA POLICE STATION MALAPPURAM
Crl.M.C.No.9438 of 2023
2
DISTRICT, PIN - 679322
3 FATHIMATH MUBHASHIRAL
AGED 20 YEARS
D/O. KHADAR ALI RESIDING AT CHAZHIVALAPPIL HOUSE,
NELLAYA, EZHUVANTHALA P.O PALAKKAD, PIN - 679335
BY ADVS.
SREEHARI R
HAMZA A.V.(K/1588/2022)
OTHER PRESENT:
PP NIMA JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.9438 of 2023
3
ORDER
Dated this the 11th day of April, 2024 Petitioners are accused Nos.1 to 4 in Crime No.679 of 2023 registered at the Perinthalmanna Police Station for offences punishable under Sections 498A and 406 r/w Section 34 of IPC, now pending as C.C.No.626 of 2023 on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna. The de facto complainant is arrayed as the third respondent. Annexure-4 affidavit has been filed by the third respondent stating that the dispute, which had compelled her to file the complaint, leading to registration of the crime, has been settled amicably and she has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that no antecedents Crl.M.C.No.9438 of 2023 4 are reported against the petitioners.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the third respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief. Crl.M.C.No.9438 of 2023 5
In the result, this Crl.M.C is allowed. Annexure-2 final report and all further proceedings in C.C.No.626 of 2023 on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna, as against the petitioners, are quashed.
Sd/-
V.G.ARUN JUDGE Scl/ Crl.M.C.No.9438 of 2023 6 APPENDIX OF CRL.MC 9438/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR NO.679/2023 ON THE FILE OF PERINTHALMANNA POLICE STATION, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 PERINTHALMANNA Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.679/2023 DATED 06.05.2023 ON THE FILE OF PERINTHALMANNA POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 PERINTHALMANNA Annexure 3 TRUE COPY OF THE AGREEMENT EXECUTED BY THE 1ST PETITIONER AND 3RD RESPONDENT DATED 06.10.2023 Annexure 4 RUE COPY OF THE AFFIDAVIT ENTERED BY THE 3RD RESPONDENT IN THE MATTER SHOWING THAT THE MATTER IS SETTLED DATED 10.10.2023