Shaibi vs State Of Kerala
2021 Latest Caselaw 23981 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. 5128 OF 2021
  TO QUASH ANNEXURE A FIR IN CRIME NO. 808/2018 OF ALUVA WEST POLICE
                    STATION, ERNAKULAM DISTRICT
PETITIONER/SOLE ACCUSED:

           SHAIBI
           AGED 43 YEARS
           S/O SAJI T.K.
           THEKKUMKATTIL HOUSE,
           MATTUPURAM, MANJALY,
           MANNOM P.O,
           N.PARAVUR-683520.
           BY ADV B.H.MANSOOR


RESPONDENT/COMPLAINANT/STATE:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA,
           ERNAKULAM.-682031.
     2     STATION HOUSE OFFICER
           ALUVA WEST POLICE STATION, ERNAKULAM DISTRICT-683502.
     3     MARIYUMMA
           AGED 74 YEARS
           W/O MOIDEEN,
           PUTHIYAVEETTIL HOUSE,
           MATTUPURAM, MANJALAI, N.PARAVUR, ERNAKULAM DISTRICT-
           683520.
           BY ADV SAKEENA BEEGUM


           PP SRI M.C ASHI



     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.5128/2021

                                      2




                             JUDGMENT

Dated this the 13th day of December, 2021

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

further proceedings against the petitioner in Crime No.

808/2018 of Aluva West Police Station, which has been

registered for the offence punishable under Sections 403, 406,

420 and 506(1) of IPC. The petitioner is the sole accused in

the above crime. 3rd respondent is the defacto complainant.

2. According to the learned counsel for the

petitioner, the matter has been amicably settled with the

defacto complainant out of court. Annexure B is the

affidavit duly sworn in by the defacto complainant.

3. Adv. Sakeena Beegum appeared on behalf of

the defacto complainant and reports about the settlement CRL.M.C.No.5128/2021

arrived at between the parties. The learned Public

Prosecutor produced report of the Sub Inspector of Police,

Aluva West Police Station along with the copy of the

statement of the mother of the defacto complainant.

4. It has come out from the affidavits as well as the

statement of the defacto complainant given to the Inspector

of Police that all disputes between the parties in connection

with the sale of property.

5. Since the entire civil disputes between the parties

have been amicably settled, the continuation of further

proceedings against the petitioner will not serve any useful

purpose. In such cases this Court can exercise the inherent

powers vested with the court to prevent the abuse of process

of court. (See Gian Singh v. State of Punjab and Another

(2012 10 SCC 303 : 2012 KHC 4530; Madan Mohan Abhot 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)).

CRL.M.C.No.5128/2021

In the result, this Crl.M.C. stands allowed and the

further proceedings against the petitioner No. Crime No.

808/2018 of Aluva West Police Station is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE rps/ CRL.M.C.No.5128/2021

APPENDIX OF CRL.MC 5128/2021

PETITIONER ANNEXURES Annexure A COPY OF THE F.I .R AND F. I .S CRIME NO.808/2018 OF ALUVA WEST POLICE STATION.

Annexure B AFFIDAVIT OF SETTLEMENT OF DEFACTO COMPLAINANT/THIRD RESPONDENT.