[email protected] Firose vs State Of Kerala
2021 Latest Caselaw 23961 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MRS. JUSTICE M.R.ANITHA

         MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943

                             CRL.MC NO. 5359 OF 2021

 AGAINST THE ORDER/JUDGMENT IN CC 329/2019 OF JUDICIAL MAGISTRATE OF FIRST

                             CLASS -I, PERINTHALMANNA

PETITIONERS/ACCUSED 1 & 2:

     1       [email protected] FIROSE
             AGED 37 YEARS
             S/O. HAMZA HAJI, CHIRAKKATTIL HOUSE, MUZHUNNAMANNA, ANAMANGAD
             POST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679357.
     2       FATHIMA @ PATHUMMA,
             AGED 72 YEARS
             W/O. HAMZA HAJI, CHIRAKKATTIL HOUSE, MUZHUNNAMANNA, ANAMANGAD
             POST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, 679357.
             BY ADV R.SREEHARI


RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, COCHIN-682031.
     2       STATION HOUSE OFFICER
             KOLATHUR POLICE STATION, KOLATHUR POST, PERINTHALMANNA TALUK,
             MALAPPURAM DISTRICT, 679338.
     3       SUNEERA
             AGED 28 YEARS
             D/O. USMAN, EDAVATH HOUSE, VATTALLUR POST, KURUVA AMSOM,
             VATTALLUR DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-
             679507.
             BY ADV K.RAJESH SUKUMARAN


OTHER PRESENT:

             PP SANGEETHARAJ.N.R



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.12.2021,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.5359 of 2021
                                       2




                                  ORDER

This Crl.M.C. has been filed seeking to quash the entire

further proceedings against the petitioners/accused No.1 & 2 in

C.C.No.329/2019 on the file of Judicial First Class Magistrate

Court-I, Perinthalmanna, which arose out of crime No.263/2018

of Kolathur Police Station, registered for the offence punishable

u/s.498A and 406 IPC.

2. First petitioner is the husband of the defacto

complainant - 3rd respondent. Second petitioner is the mother of

the first petitioner.

3. According to the petitioners, the entire matrimonial

issues with the defacto complainant - 3 rd respondent have been

settled amicably out of court.

4. Annexure A1 is the copy of FIR & FIS; Annexure A2 is

the copy of Final Report in the above crime and Annexure A3 is

the witness list filed along with the final report. Annexure A4 is

the affidavit duly sworn in by the 3rd respondent - defacto

complainant stating about the settlement of dispute. Crl.M.C.No.5359 of 2021

5. Adv.Sri. Rajesh Sukumaran appeared on behalf of the

third respondent - defacto complainant and reports about the

settlement arrived at between the parties.

6. Learned Public Prosecutor produced copy of the report

of the SHO, Kolathur Police Station along with copy of the

signed statement of the defacto complainant.

7. It has come out from Annexure A4 affidavit duly sworn

in by the defacto complainant as well as the signed statement of

the defacto complainant given to the SHO that the matrimonial

issues between her and the petitioners have been settled out of

court. She does not want to prosecute the petitioners further and

has no objection in quashing the proceedings against the

petitioners.

8. The entire issues between the parties are purely

private in nature and no public interest is involved. Since the

entire issues between the parties have been settled out of court,

continuation of the proceedings against the petitioners would be

an empty formality without anything achieved positively in the

end. In such situations courts can exercise the inherent powers

vested with the court to save the valuable time of court as well Crl.M.C.No.5359 of 2021

as to prevent abuse of process of courts. (See: Gian Singh v.

State of Punjab [2012 (4) KLT 108 (SC)]; Madan Mohan Abbot v.

State of Punjab [2008 (3) KLT 19 (SC)] and Narinder Singh &

Ors. v. State of Punjab & Anr. [2014(4) SCALE 195 : ILR 2014 (2)

Ker. 85 : 2014 KHC 4195].

In the result, Crl.M.C allowed and the entire proceedings

against the petitioners/accused No.1 & 2 in C.C.No.329/2019 on

the file of Judicial First Class Magistrate Court-I,

Perinthalmanna, which arose out of crime No.263/2018 of

Kolathur Police Station, is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

shg Crl.M.C.No.5359 of 2021

APPENDIX OF CRL.MC 5359/2021

PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF FIR & FIS IN CRIME NO.263/2018 OF KOLATHUR POLICE STATION.

Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.263/2018 OF KOLATHUR POLICE STATION.

Annexure A3 CERTIFIED COPY OF WITNESS LIST FILED ALONG WITH THE FINAL REPORT.

Annexure A4 ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT DEFACTO COMPLAINANT DATED 4.5.2021.