Kerala High Court
Hasim vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 2061 OF 2024
CRIME NO.1288/2021 OF SREEKARIYAM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.294 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 & 2:
1 HASIM
AGED 38 YEARS
S/O ABDUL RAHIM,TC 96/2568(4), BAITHUL RIDHA
HOUSE, SURABHI GARDENS, AKKULAM, CHERUVAKKAL,
THIRUVANANTHAPURAM, PIN - 695011
2 SHAHIDA
AGED 59 YEARS
W/O ABDUL RAHIM,TC 96/2568(4), BAITHUL RIDHA
HOUSE, SURABHI GARDENS, AKKULAM,
CHERUVAKKAL,THIRUVANANTHAPURAM, PIN - 695011
BY ADV
FATHIMA MAJEED
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
SREKARYAM POLICE STATION,
SREKARYAM,THIRUVANANTHAPURAM, PIN - 695017
3 SHYMA K BABU
AGED 37 YEARS
D/O ISHABEEVI,TC 96/2568(4), SURABHI
GARDENS,ITHADI LAINE, CHERUVAKKAL VILLAGE, AKKULAM
WARD,THIRUVANANTHAPURAM, PIN - 695011
2
Crl.M.C. No.2061 of 2024
BY ADV
SRI.G.SUDHEER - PUBLIC PROSECUTOR
AJAYA KUMAR. G
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.2061 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 2061 of 2024
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Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure, by accused No. 1 and 2 in Crime No.1288/2021 of Sreekaryam Police Station, Thiruvananthapuram which is pending as C.C. No.294/2022 on the file of Judicial First Class Magistrate Court-I, Thiruvananthapuram. The offences alleged against the petitioners are punishable under Sections 498A and 324 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that, the first accused and the defacto complainant who are husband and wife while living at the residence of the first accused, he along with the second accused, who is his mother, physically and mentally harassed the defacto complainant, demanding dowry and thereby committed the above offences. 4 Crl.M.C. No.2061 of 2024
3. According to the petitioners, the dispute has been settled with the defacto complainant/ third respondent . Both parties agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings in Annexure A1.
4. The defacto complainant/ third respondent filed affidavit endorsing the averments in the Crl.M.C. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioners.
5. Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. Signed statement of the defacto complainant/ third respondent also has been filed, which substantiates the averments in her affidavit.
6. Considering the fact that the offences under Sections 498A and 324 read with Section 34 of the Indian Penal Code 5 Crl.M.C. No.2061 of 2024 involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainant, this is a fit case in which further proceedings can be quashed.
In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.294/2022 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram arising from Crime No.1288/2021 of Sreekaryam Police Station, Thiruvananthapuram is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 6 Crl.M.C. No.2061 of 2024 APPENDIX OF CRL.MC 2061/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 1288/2021 OF SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT AnnexureA2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 30-01-2024 RESPONDENT'S ANNEXURES: NIL