Kerala High Court
Aneesh Augustine vs State Of Kerala on 4 February, 2021
Crl.M.C.5689/2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
Crl.MC.No.5689 OF 2020(A)
CC 1177/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
CRIME NO.298/2018 OF Chittarikal Police Station, Kasargod
PETITIONERS/ACCUSED NOS. 1 AND 2:
1 ANEESH AUGUSTINE
AGED 37 YEARS
S/O. AUGUSTINE, VANDANANIKKAL HOUSE, ODAKOLLI,
PALALVAYAL POST, VELLARIKUNDU, KASARGOD DISTRICT
2 MARY AUGUSTINE,
AGED 70 YEARS
W/O. AUGUSTINE, VANDANANIKKAL HOUSE, ODAKOLLI,
PALALVAYAL POST, VELLARIKUNDU, KASARGOD DISTRICT
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, FORT STATION HOUSE OFFICER, CHITTARICKAL
POLICE STATION, KASARGOD DISTRICT-671 326
2 SRUTHI K.S
D/O.SUNNY THOMAS, KUMBAYIL HOUSE, PUTHARIYAMKALLU,
BHEEMANADI VILLAGE, WEST ELERI POST, VELLARIKUNDU,
KASARGOD DISTRICT-671 326
R2 BY ADV. T.P.PRADEEP
OTHER PRESENT:
E.C.BINEESH- P.P
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.5689/2020
2
ORDER
Dated this the 4th day of February 2021
Petition under Section 482 of the Code of
Criminal Procedure.
2. The petitioners are accused Nos. 1 and 2 in
Crime No. 298 of 2018 of Chittarickal Police Station
registered for the offence punishable under Section
498A of Indian Penal Code.
3. It is submitted by the learned counsel for
the petitioners that the parties have resolved the
entire disputes among themselves and as such there is
no subsisting dispute between them. Therefore, this
petition to quash the Annexures A1 and A2, FIR and
final report in Crime No. 298 of 2018 of Chittarickal
Police Station, now pending as C.C. No. 1177 of 2018 on
the file of the Judicial First Class Magistrate-II,
Hosdurg.
4. Learned counsel appearing for the 2nd
respondent/defacto complainant has submitted that she
has absolutely no grievance or complaints against the
Crl.M.C.5689/2020
petitioners. Annexure A4 is the affidavit sworn to by
her in support of the submission of the petitioners.
The affidavit further indicates that she has no
intention to pursue the matter further.
5. The learned Public Prosecutor has reported
that the prosecution has no serious objection in
allowing the petition. It is also submitted that as
the dispute has been amicably settled, the
possibility of conviction is remote and bleak and
therefore, no useful purpose would be served in
proceeding with the case.
6. Heard both sides and perused the records.
7. On hearing the submissions of all
concerned, as well on consideration of 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.
Crl.M.C.5689/2020
For the foregoing reasons, Annexures A1 and A2,
FIR and final report in Crime No. 298 of 2018 of
Chittarickal Police Station, now pending as C.C. No.
1177 of 2018 on the file of the Judicial First Class
Magistrate-II, Hosdurg will stand quashed as prayed
for.
Sd/-
SHIRCY V.
JUDGE
sb
Crl.M.C.5689/2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE CERTIFIED COPY OF THE FIR WITH
STATEMENT OF DEFACTO COMPLAINANT INC RIME
NO.298/2018 OF CHIRRATICKAL POLICE STATION,
KASARGOD
ANNEXURE-A2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.298/2018 OF CHITTARICKAL POLICE STATION,
KASARGOD
ANNEXURE-A3 TRUE COPY OF THE JUDGMENT DATED 30.10.2019
IN OP NO.245/2019
ANNEXURE-A4 TRUE COPY OF THE AFFIDAVIT OF THE 2ND
RESPONDENT
