Kerala High Court
Adil Rizwan vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
CRL.MC NO. 516 OF 2024
CRIME NO.846/2022 OF PONNANI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1000 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS:
1 ADIL RIZWAN
AGED 31 YEARS
S/O ABDUL AZEES NAGATHODATH HOUSE, , KARAPPARAMBU
KOZHIKKODE, PIN - 673010
2 MUNEERA
AGED 55 YEARS
W/O ABDUL AZEES NAGATHODATH HOUSE, KARAPPARAMBU
KOZHIKKODE, PIN - 673010
BY ADV
BENET SELVAN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
PONNANI POLICE STATION MALAPPURAM, PIN - 679584
3 HAMNA SULAIMAN
AGED 25 YEARS
D/O SULAIMAN THAZHATHVALAPPIL (H) EDAPPAL P.O
MALAPPURAM, KERALA, PIN - 679576
BY ADV
SRI. E. C. BINEESH - PUBLIC PROSECUTOR
E.D.GEORGE
Crl.M.C NO.516 OF 2024
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C NO.516 OF 2024
3
C. JAYACHANDRAN, J.
=====================
Crl.M.C. No.516 of 2024
=====================
Dated this the 16th day of April, 2024
ORDER
The petitioners are the accused persons in Crime No.846/2022 of Ponnani Police Station, Malappuram, wherein the offences alleged are under Sections 498A and 406, read with Section 34 of the Indian Penal Code. Based on the final report filed in the said crime, C.C. No.1000/2022 has been registered and the same is pending before the Judicial First Class Magistrate Court, Ponnani.
2. The petitioners seek to quash Annexure A1 F.I.R. and Annexure A2 Final Report, above referred, on the premise that the disputes between the petitioners and the third respondent/defacto Crl.M.C NO.516 OF 2024 4 complainant have been amicably settled by and between the parties.
3. Along with the Crl.M.C., the petitioners produced Annexure A3 affidavit sworn to by the third respondent/defacto complainant, wherein it is stated that the entire disputes have been amicably settled out of Court and that the defacto complainant is not interested to proceed with the matter any more. She has no grievance against the petitioners and that she has no objection in allowing the Crl.M.C., are also facts which find a place in Annexure A3.
4. When this matter was moved, this Court directed the learned Public Prosecutor to get instructions, as also, a signed statement of the defacto complainant. The same is made available, a perusal of which, would indicate that the defacto complainant has no objection in quashing the F.I.R. and also the Final Report and Crl.M.C NO.516 OF 2024 5 that she is no more interested to prosecute the matter.
5. Heard the learned counsel for the petitioners, the learned Public Prosecutor and learned counsel for the 3rd respondent/defacto complainant.
6. In view of the judgments of Hon'ble Supreme Court in B.S. Joshi & Ors v. State Of Haryana & Anr [2003 (4) SCC 675] and Gian Singh v. State of Punjab [(2012) 10 SCC 303], this Court finds that no useful purpose is to be served by continuing the prosecution as against the petitioners, inasmuch as the defacto complainant had unequivocally expressed her intention to withdraw the criminal proceedings against the petitioners. The issues involved in this crime are private in nature, without impacting the society at large.
Crl.M.C NO.516 OF 2024 6 In the circumstances, this Crl.M.C is allowed and Annexure A1 F.I.R. in Crime No.846/2022 of Ponnani Police Station and Annexure A2 Final Report and all further proceedings in C.C. No.1000/2022 of the Judicial First Class Magistrate Court, Ponnani, are hereby quashed.
Sd/-
C. JAYACHANDRAN JUDGE BR Crl.M.C NO.516 OF 2024 7 APPENDIX OF CRL.MC 516/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.846/2022 OF PONNANI POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CC 1000/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI, MALAPPURAM DISTRICT Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED 19/12/2023 RESPONDENT'S ANNEXURES: NIL