Moinul Huq vs State Of Kerala Rep.By The Public ...
2021 Latest Caselaw 11994 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.5849 OF 2020(A)

 AGAINST THE ORDER/JUDGMENT IN CC 991/2020 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS-I,MANJERI

     CRIME NO.310/2020 OF EDAVANNA POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED:

             MOINUL HUQ, AGED 40 YEARS,
             S/O.M,UHAMMED, VELLARAMPARA HOUSE,
             PADINJARETHALAKKAL, OTHAYI, PERAKAMANNA, EDAVANNA,
             MALAPPURAM DISTRICT

             BY ADV. SRI.P.SAMSUDIN

RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

      1      STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM 682 031
             (CRIME NO.310/2020 OF EDAVANNA POLICE STATION IN
             MALAPPURAM DISTRICT)

      2      AAMINA,AGED 66 YEARS, W/O MOHAMMED,
             PADINJARETHALAKKAL, VELLARAMPARA HOUSE, PERAKAMANNA,
             OTHAYI, EDAVANNA, MALAPPURAM DISTRICT, PIN-676 541

             R2 BY ADV. M.ANUROOP


             PUBLIC PROSECUTOR SRI RAMESH CHAND

     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.5849 OF 2020(A)          2




                             ORDER

Petition filed under section 482 Cr.P.C.

2. The petitioner is the accused in

C.C.No.991/2020 on the files of Judicial Magistrate

Court-I, Manjeri in Crime No.302/2020 of Edavanna

Police Station in Malappuram District, for the

offence punishable under Section 341 and 323 of IPC.

3. Heard both sides and perused the records.

4. The public prosecutor submits that the

defacto complainant had given a statement to the

Investigating Officer that the matter has been

settled between the parties.

5. I have perused the affidavit (Annexure-A3)

filed by the 2nd respondent. I am satisfied that the

matter has been settled and no public interest is

involved in this case. There is no impediment for

granting the prayer of the petitioner. Continuation

of the proceedings will be a harassment and an abuse

of the process of court.

In view of the above, all further proceedings

against the petitioner/accused in C.C.No.991/2020 on

the files of Judicial Magistrate Court-I, Manjeri in

Crime No.310/2020 of Edavana Police Station in

Malappuram District is quashed. Crl.M.C. is allowed

accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.310/2020 OF EDAVANNA POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.310/2020 OF EDAVANNA POLICE STATION.

ANNEXURE A3 THE ORIGINAL AFFIDAVIT DATED 6.12.2020 SWORN IN BY THE 2ND RESPONDENT

PETITIONER'S/S ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE