Kerala High Court
Jeenamol vs State Of Kerala on 7 April, 2021
Crl.M.C.1727/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
Crl.MC.No.1727 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN CC 283/2019 OF JUDL.M.F.C.-I,
ERNAKULAM
CRIME NO.16/2019 OF Vanitha Cell, EKM, Ernakulam
PETITIONER/ACCUSED:
JEENAMOL, AGED 35 YEARS
D/O. JOY, ARRACKAL HOUSE, VISHNUPURAM TEMPLE ROAD,
CHERANELLORE, CHERANELLORE VILLAGE, NEAR GOVT.
HOMEO HOSPITAL, ERNAKULAM DISTRICT 682 034
BY ADV. SRI.SANIL KUMAR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
2 LAILA THOMAS, AGED 68 YEARS
W/O. THOMAS, CHERUPALLIL HOUSE, VISHNUPURAM,
CHERANELLORE, CHERANELLORE VILLAGE,
NEAR GOVERNMENT HOMEO HOSPITAL,
ERNAKULAM DISTRICT 682 034
R2 BY ADV. K.C.BINEESH
OTHER PRESENT:
SRI.AJITH MURALI, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.1727/2021
2
ORDER
Dated this the 7th day of April 2021
Petition under Section 482 of the Code of
Criminal Procedure.
2. The petitioner is the accused in Crime
No. 16 of 2019 of Vanitha Police Station, Ernakulam
registered for the offences punishable under
Sections 294(b), 323 and 324 of Indian Penal Code
now pending as C.C. No. 283 of 2019 on the file of
the Judicial Magistrate of First Class Magistrate
Court-I, Ernakulam.
3. Heard both sides and perused the
records.
4. The learned counsel for the petitioner
submitted that due to the intervention of
relatives, the parties have resolved their entire
dispute among themselves and as such there is no
subsisting dispute between them. Therefore, this
Crl.M.C.1727/2021
petition to quash Annexures 1 and 2, FIR and final
report.
5. Learned counsel appearing for the 2 nd
respondent has submitted that she has absolutely no
grievance or complaints against the petitioner.
Annexure A3 is the affidavit sworn to by her in
support of the submission of the petitioner. The
affidavit further indicates that she has no
intention to pursue the matter further.
6. The learned Public Prosecutor has
reported that the prosecution has no serious
objection in allowing the petition. It is also
submitted that as the dispute has been amicably
settled, the possibility of conviction is remote
and bleak and therefore, no useful purpose would
be served in proceeding with the case.
7. On hearing the submissions of all
concerned and on perusal of the records as well on
consideration of the special facts and
circumstances involved in this case, I find that no
Crl.M.C.1727/2021
fruitful purpose is likely to be served by
proceeding with the matter against the petitioner.
Moreover, no public interest is involved in the
case and there is no legal impediment in granting
the prayer as sought for by the petitioner.
Therefore, for the purpose of securing the ends of
justice, this Crl.M.C. is only to be allowed.
For the foregoing reasons, Annexures 1 and
2, FIR and final report in Crime No. 16 of 2019 of
Vanitha Police Station, Ernakulam, now pending as
C.C. No. 283 of 2019 on the file of the Judicial
First Class Magistrate Court-I, Ernakulam will
stand quashed as prayed for.
Sd/-
SHIRCY V.
JUDGE
sb
Crl.M.C.1727/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF F.I.R IN CRIME NO.
16/2019 OF VANITHA POLICE STATION ERNAKULAM
DATED 14-03-2019 IN C.C NO. 283/19 PENDING
BEFORE JUDICIAL FIRST CLASS MAGISTRATE
COURT NO. 1 AT ERNAKULAM.
ANNEXURE II CERTIFIED COPY OF THE CHARGE IN CRIME NO.
16/2019 OF VANITHA POLICE STATION ERNAKULAM
DATED 18-03-2019 IN C.C NO. 283/19 PENDING
BEFORE JUDICIAL FIRST CLASS MAGISTRATE
COURT NO. 1 AT ERNAKULAM.
