Mujeeb Rahman vs State Of Kerala
2021 Latest Caselaw 10989 Ker

Crl.MC.No.1712 OF 2021(D)         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.1712 OF 2021(D)

AGAINST THE ORDER/JUDGMENT IN CC 541/2019 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS , PATTAMBI

   CRIME NO.277/2019 OF Chalissery Police Station , Palakkad


PETITIONERS/ACCUSED NOS.1 TO 4:

      1      MUJEEB RAHMAN,
             AGED 34 YEARS
             S/O.ABDUTTY, KURIKKALPARAMBIL HOUSE, ATHANIPADI,
             POST THEKKEVAVANNUR, CHALISSERRY, PATTAMBI TALUK,
             PALAKKAD DISTRICT-679533.

      2      MUHAMMED,
             AGED 68 YEARS
             S/O.KAMMAD, MAVARA HOUSE, ATHANIPADI, POST
             THEKKEVAVANNUR, CHALISSERRY, PATTAMBI TALUK,
             PALAKKAD DISTRICT-679533.

      3      SHAJI,
             AGED 41 YEARS
             S/O.ABDUTTY, KURIKKAL PARAMBIL HOUSE, ATHANIPADI,
             POST THEKKEVAVANNUR, CHALISSERRY, PATTAMBI TALUK,
             PALAKKAD DISTRICT-679533.

      4      SUNEERA,
             AGED 33 YEARS
             W/O.KABEER, KURIKKAL PARAMBIL HOUSE, ATHANIPADI,
             POST THEKKEVAVANNUR, CHALISSERRY, PATTAMBI TALUK,
             PALAKKAD DISTRICT-679533.

             BY ADV. SRI.K.RAJESH SUKUMARAN

RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM THROUGH THE SUB INSPECTOR OF
             POLICE, CHALISSERRY POLICE STATION, CHALISSERRY
             POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679536.
 Crl.MC.No.1712 OF 2021(D)            2

      2      SAFEERA
             AGED 24 YEARS
             D/O.ABDULLA, MANAKKAPARAMBIL HOUSE, OTHALLUR POST,
             ALANKADE, PONNANI TALUK, MALAPPURAM DISTRICT-
             679585.

             R2 BY ADV. R.SREEHARI

OTHER PRESENT:

             SRI. AJITH MURALI,PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1712 OF 2021(D)             3




                               ORDER

Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioners are the accused in Crime No.277 of 2019 of

Chalissery police station registered for the offence punishable under

Section 498A read with Section 34 of the Indian Penal Code, now

pending as C.C.No.541 of 2019 on the file of the Judicial First Class

Magistrate Court, Pattambi.

3. Heard both sides and perused the records.

4. It is submitted by the learned counsel for the petitioners that

the parties have resolved the entire dispute among themselves and

there is no subsisting dispute between them and they are living

separately. Therefore, this petition to quash the entire proceedings in

C.C.No.541 of 2019.

5. Learned counsel appearing for the 2 nd

respondent/defacto complainant has submitted that she has absolutely

no grievance or complaints against the petitioners. Annexure A5, the

affidavit sworn to by her, 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.

7. As the dispute has been amicably settled, the possibility

of conviction is remote and bleak.

8. Therefore, considering the special facts and

circumstances involved in this case, I find that no fruitful purpose is

likely to be served by proceeding with the matter against the

petitioners. Moreover, no public interest is involved in the case and

there is no legal impediment in granting the prayer as sought for by

the petitioners. Therefore, for the purpose of securing the ends of

justice, this Crl.M.C. is only to be allowed, invoking the jurisdiction

under Section 482 of Cr.P.C.

For the foregoing reasons, the entire proceedings in C.C.

No.541 of 2019 on the file of the Judicial First Class Magistrate Court,

Pattambi arising from Crime No.277 of 2019 of Chalissery Police

Station, will stand quashed as prayed for.

Sd/-

SHIRCY V.

smm                                                JUDGE



                            APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A1          CERTIFIED COPY OF FIR AND FIS IN CRIME

NO.277/2019 OF CHALISSERRY POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.277/2019 OF CHALISSERRY POLICE STATION.

ANNEXURE A3 CERTIFIED COPY OF MEMORANDUM OF EVIDENCE FILED ALONG WITH THE FINAL REPORT.

ANNEXURE A4 PHOTO COPY OF THE AGREEMENT DATED 10.03.2021 EXECUTED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT.

ANNEXURE A5 AFFIDAVIT OF THE 2ND RESPONDENT.