Assarudeen vs State Of Kerala
2021 Latest Caselaw 11973 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                    Crl.MC.No.1653 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN CC 1649/2018 OF JUDICIAL MAGISTRATE
      OF FIRST CLASS -V, TVM (SPECIAL COURT-MARKLIST CASES)

CRIME NO.761/2012 OF POONTHURA POLICE STATION , THIRUVANANTHAPURAM


PETITIONER/ACCUSED NO.2:

             ASSARUDEEN
             AGED 33 YEARS
             S/O.SHAJAHAN, 46/136 PUTHUVAL PUTHEN VEEDU,
             MANIKYAVILAKAM, THIRUVANANTHAPURAM - 695 026.

             BY ADV. SMT.S.GREESHMA SHANMUKHAN

RESPONDENTS/DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682 031.

      2      JALALUDHEEN
             AGED 39 YEARS
             S/O.MUHAMMED HANEEFA, TC 46/763, PUTHUVAL PURAYIDAM,
             BEEMAPALLY, VALLAKADAVU P.O., THIRUVANANTHAPURAM -
             695 008.

             R2 BY ADV. M.R.SARIN


             SRI RAMESH CHAND -PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1653 OF 2021(F)

                                         2


                                  ORDER

Dated this the 13th day of April 2021

This Crl.M.C is filed to quash all further proceedings in

Crime No.761/2012 of Poonthura Police Station, pending

before the Judicial First Class Magistrate Court-V,

Thiruvananthapuram in CC No.1649/2018. The offences

alleged against the petitioners are under Sections 294(b),

324 read with Section 34 of IPC.

2. The 1st accused in the crime had expired and this

petition is filed by the 2nd accused. He is the sole accused in

the proceedings now.

3. The learned Public Prosecutor on instructions

submit that the defacto complainant has informed the

Investigating Officer that he does not wish to pursue the

matter further and the case has been settled between the

parties. An affidavit to that effect is produced as Annexure

A3.

4. In view of the directions in decisions as in Gian

Singh v. State of Punjab [2012 (4) KLT 108 ], Narinder

Singh and Others v. State of Punjab and Another [(2014) Crl.MC.No.1653 OF 2021(F)

6 SCC 466] and Yogendra Yadav and Others v. State of

Jharkhand [(2014) 9 SCC 653] the aforenoted settlement

can be recognised by this Court. No purpose will be served

by continuing the proceedings since the parties have settled

the matter. Continuation of proceedings will be a waste of

judicial time and hence, the proceedings are only to be

quashed.

Accordingly, Crl.M.C is allowed and all further

proceedings in CC No.1649/2018 is quashed.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF Crl.MC.No.1653 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.761/2012 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC 1649/2018 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE II THIRUVANANTHAPURAM.

ANNEXURE A3 TRUE COPY OF AFFIDAVIT SWORN BY HE 2ND RESPONDENT.

ANNEXURE A4 THE TRUE COPY OF THE POST-MORTEM CERTIFICATE OF AFSAL ISSUED BY THE DOCTOR VITNI FERNZ MEDICAL OFFICER GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM.

//TRUE COPY// PA TO JUDGE