Kerala High Court
Thabrez Cheriyath 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. 3135 OF 2024
CRIME NO.114/2023 OF EDAKKAD POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.475 OF 2023 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THALASSERY
PETITIONERS/ACCUSED NOS.1 TO 4:
1 THABREZ CHERIYATH
AGED 40 YEARS
S/O AHAMMED CHERIYATH, MINI CHERIYATH HOUSE,
CHIRAKKARA PO, THALASSERY, KANNUR, PIN - 670104
2 RABIYA M.K
AGED 58 YEARS
S/O AHAMMEDCHERIYATH, MINI CHERIYATH HOUSE,
CHIRAKKARA PO, THALASSERY, KANNUR, PIN - 670104
3 THABASSUM M.K
AGED 38 YEARS
W/O ABDUL ROUF, MINI CHERIYATH HOUSE, CHIRAKKARA PO,
THALASSERY, KANNUR, PIN - 670104
4 AHAMMED CHERIYATH
AGED 67 YEARS
S/O ABOOBACKER, MINI CHERIYATH HOUSE, CHIRAKKARA
P.O, THALASSERY, KANNUR, PIN - 670104
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
MUHAMMED HAROON A.N.
HASHARURAHIMAN U.
MOHEMED FAVAS
Crl.M.C NO.3135 OF 2024
2
RESPONDENTS/STATE, COMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, HIGH COURT P.O, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
EDAKKAD POLICE STATION, EDAKKAD PO, KANNUR,
PIN - 670662
3 ASHBANA MUSTHAFA
AGED 33 YEARS
D/O MUSTHAFA T.M, AYISHAS, AKG ROAD, MADAM BEACH
ROAD, MUZHAPILANGAD PO, KANNUR, PIN - 670662
BY ADV
SRI. G. SUDHEER - PUBLIC PROSECUTOR
K.M.SHANAVAS
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.3135 OF 2024
3
C. JAYACHANDRAN, J.
=====================
Crl.M.C. No.3135 of 2024
=========================
Dated this the 16th day of April, 2024
ORDER
The petitioners are the accused persons in Crime No.114/2023 of Edakkad Police Station, Kannur, based upon which C.C. No.475/2023 has been taken on files and pending before the Additional Chief Judicial Magistrate Court, Thalassery. The offences alleged are under Sections 406 and 498A, read with Section 34 of the Indian Penal Code.
2. The petitioners seek to quash Annexure A2 Final Report in C.C. No.475/2023, as also, the FIR in Crime No.114/2023 above referred, on the premise that, the issues between the parties have been settled amicably by and between them.
3. Along with the Crl.M.C., the petitioners produced Annexure A3 affidavit of the third Crl.M.C NO.3135 OF 2024 4 respondent/defacto complainant wherein, she would state that the entire disputes have been settled amicably and she has no intention to pursue the prosecution case further.
4. When this matter was moved, the learned Public Prosecutor has produced a statement of the defacto complainant, which has been recorded as directed by the Investigating Officer, wherein also, the defacto complainant would unequivocally state that the issues have been settled, that she is no more interested to prosecute the case further and that she has no objection in quashing the case as against the petitioners.
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 Crl.M.C NO.3135 OF 2024 5 [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.
In the circumstances, this Crl.M.C is allowed and F.I.R. in Crime No.114/2023 of Edakkad Police Station, Kannur, as also, Annexure A2 Final Report and all further proceedings in C.C. No.475/2023 of the Additional Chief Judicial Magistrate Court, Thalassery, are hereby quashed.
Sd/-
C. JAYACHANDRAN JUDGE BR Crl.M.C NO.3135 OF 2024 6 APPENDIX OF CRL.MC 3135/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE FIR DATED 10/02/2023 IN CRIME NO. 114/2023 OF EDAKKAD POLICE STATION, KANNUR Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 29/03/2023 IN CC NO.475/2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERRY WHICH AROSE FROM FIR IN CRIME NO. 114/2023 OF EDAKKAD POLICE STATION, KANNUR DISTRICT Annexure A3 THE ORIGINAL AFFIDAVIT SIGNED BY THE 3RD RESPONDENT/ DE FACTO COMPLAINANT DATED 29/01/2024 RESPONDENT'S ANNEXURES: NIL