Kerala High Court
Shadi Shamsudheen 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. 9752 OF 2023
CRIME NO.0479/2022 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.182 OF 2022 OF CHIEF
JUDICIAL MAGISTRATE ,THIRUVANANTHAPURAM/ SPECIAL COURT FOR
TRIAL OF CYBER CRIME
PETITIONERS/ACCUSED 1 & 2:
1 SHADI SHAMSUDHEEN
AGED 38 YEARS
S/O SHAMSUDHEEN, TC 29/1085, DWARAKA -3, ALTHARA
ROAD, SHASTHAMAGHALAM P O, VELLAYAMBALAM,
THIRUVANANTHAPURAM-, PIN - 695010
2 SHAMSUDHEEN
AGED 71 YEARS
TC 29/1085, DWARAKA -3, ALTHARA ROAD,
SHASTHAMAGHALAM P O, VELLAYAMBALAM,
THIRUVANANTHAPURAM-, PIN - 695010
BY ADV
AMJATH A.R
RESPONDENTS/STATE-DEFACTO COMPLAINANT:
1 STATE OF KERALA
AGED 34 YEARS
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 AZRIN AZAD
AGED 34 YEARS
D/O MOHAMMED ABDUL KHADER, CHAZHIKKA VEEDU,
PUZHAVATH MURI, CHANGHANASSERY VILLAGE, KOTTAYAM-.,
PIN - 686101
BY ADV
SRI.M.C. ASHI - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C. No.9752 of 2023
C. PRATHEEP KUMAR, J
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Crl.M.C. No.9752 of 2023
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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 the accused Nos.1 and 2 in Crime No.479/2022 of Museum Police Station, Thiruvananthapuram, which is pending as C.C. No.182/2022 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram. The offences alleged against the petitioners are punishable under Sections 498A, 406, 506 and 342 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that: on 21.11.2019 the 1st petitioner married the defacto complainant according to their religious customs and while they were residing as husband and wife, the 1st accused harassed the defacto complainant by demanding more dowry and telling her 3 Crl.M.C. No.9752 of 2023 that she is not looking fare. 1 st accused along with the 2nd accused constantly tortured physically and mentally by not allowing the de-facto complainant to go to work and not allowing her to have contact with her parents etc. On 09.10.2021, 1st accused again physically tortured the de- facto complainant.
3. According to the petitioners, the dispute has been settled with the defacto complainant/second respondent. Both parties agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings in Annexure A2, final report.
4. The defacto complainant/ second 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. 4 Crl.M.C. No.9752 of 2023
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.
6. Considering the fact that the offences under Sections 498A, 406, 506 and 342 read with Section 34 of the Indian Penal Code 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.182/2022 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram arising from Crime No.479/2022 of Museum Police Station, Thiruvananthapuram, is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 5 Crl.M.C. No.9752 of 2023 APPENDIX OF CRL.MC 9752/2023 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.479/2022 DATED 11/05/2022 Annexure A2 TRUE COPY OF THE FINAL REPORT IN CC 182/2022 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT AT THIRUVANANTHAPURAM DATED 11.05.2022 Annexure A3 AFFIDAVIT DATED 02/11/2023 SWORN BY THE 2ND RESPONDENT RESPONDENT'S ANNEXURES: NIL