Kerala High Court
Ameer Ali 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. 1423 OF 2024
CRIME NO.669/2021 OF Ponnani Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.624 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/S:
1 AMEER ALI
AGED 43 YEARS
S/O. MUHAMMED, CHERUVALAPPIL HOUSE, AANAPADI,PONNANI
SOUTH P.O., MALAPPURAM DISTRICT, PIN - 679586
2 NASEERABI.
AGED 60 YEARS
W/O. MUHAMMED, CHERUVALAPPIL HOUSE, AANAPADI, PONNANI
SOUTH P.O., MALAPPURAM DISTRICT, PIN - 679586
3 SAMEER BABU
AGED 40 YEARS
S/O. MUHAMMED, CHERUVALAPPIL HOUSE, AANAPADI, PONNANI
SOUTH P.O., MALAPPURAM DISTRICT, PIN - 679586
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SHAMSHABI @ SHAMSHAD
AGED 44 YEARS
D/O.YOOSAF, KUNNIKKALAKATH HOUSE, AANAPADI,
KADAVANAD, PONNANI SOUTH P.O., MALAPPURAM DISTRICT,
PIN - 679586
OTHER PRESENT:
PP MAYA M.N.
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.1423 of 2024
2
ORDER
Dated this the 11th day of April, 2024 Petitioners are the accused Nos.1 to 3 in Crime No.669 of 2021 registered at the Ponnani Police Station for offences punishable under Sections 498A and 406 of IPC, now pending as C.C.No.624 of 2021 on the files of the Judicial First Class Magistrate Court, Ponnani. The de facto complainant is arrayed as the second respondent. Annexure-A5 affidavit has been filed by the second 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.1423 of 2024 3 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 second respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of Annexure A4 agreement executed between the parties and the assertion of the learned Counsel for the second respondent that the dispute has been settled amicably, the possibility of the criminal proceedings ending in conviction is remote. 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 Crl.M.C.No.1423 of 2024 4 Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure-A3 final report and all further proceedings in C.C.No.624 of 2021 on the files of the Judicial First Class Magistrate Court, Ponnani as against the petitioners, are quashed.
Sd/-
V.G.ARUN JUDGE Scl/ Crl.M.C.No.1423 of 2024 5 APPENDIX OF CRL.MC 1423/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
669/2021 OF PONNANI POLICE STATION DATED 11.08.2021 Annexure A2 THE TRUE COPY OF THE FIS IN CRIME NO.
669/2021 OF PONNANI POLICE STATION DATED 11.08.2021 Annexure A3 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 669/2021 OF PONNANI POLICE STATION DATED 18.09.2021 Annexure A4 THE TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT DATED 22.01.2024 Annexure A5 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 30.01.2024