Kerala High Court
Mumthasir vs The State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Crl.MC.No.5865 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN CC 784/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, MALAPPURAM
CRIME NO.396/2019 OF KONDOTTY POLICE STATION, MALAPPURAM
PETITIONERS:
1 MUMTHASIR
AGED 33 YEARS
S/O.MUHAMMED,
KATTILPURATH HOUSE,
KAKKADAMMAL,
VALLUVAMBRAM,
MALAPPURAM- 676 517.
2 MUHAMMED
AGED 61 YEARS
S/O.ALAVI,
KATTILPURATH HOUSE,
KAKKADAMMAL,
VALLUVAMBRAM,
MALAPPURAM - 676 517.
3 MUJEEB RAHMAN
AGED 37 YEARS
S/O.MUHAMMED,
KATTILPURATH HOUSE,
KAKKADAMMAL,
VALLUVAMBRAM,
MALAPPURAM - 676 517.
BY ADVS.
SRI.E.C.AHAMED FAZIL
SHRI.THARIQ MAIDEEN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 THE SUB INSEPCTOR OF POLICE,
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2
KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT - 676 523.
3 MUBASHIRA P.
AGED 28, D/O.ABDULLAKUTTY,
PARAMBADAN HOUSE,
THALEKKARA, PULIKKAL,
VLIYAPARAMBA POST,
MALAPPURAM DISTRICT - 673 637.
R3 BY ADV. NIYAS MOHAMMED
OTHER PRESENT:
C N PRABHAKARAN PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5865 OF 2020(C)
3
ORDER
Dated this the 15th day of February, 2021
Petitioners are the accused in C.C. No. 784 of 2019 on
the file of Judicial First Class Magistrate Court, Malappuram
District.
2. The above case is charge sheeted against the
petitioners alleging offences punishable under Sections
498A, 406 read with 34 of the Indian Penal Code.
3. When this case came up for consideration, the
learned counsel for the petitioners submitted that, the
entire disputes between the petitioners and the 3 rd
respondent are settled out of Court. The learned counsel
submitted that, this is a matrimonial offence and the entire
matrimonial disputes are settled.
4. The learned counsel appearing for the 3 rd
respondent submitted that, the matter is settled.
Annexure-2 is the affidavit of the 3rd respondent.
5. The learned Public Prosecutor after getting
Crl.MC.No.5865 OF 2020(C)
instructions from the Investigating Officer, submitted that,
the matter is settled and the settlement report is genuine.
6. In the light of the settlement of the entire
issues, I think the continuation of the prosecution will be
an abuse of process of Court.
7. Having considered the gravity of the offences
alleged, nature of the injury caused and having perused
the affidavits filed by the respondent No. 3 the contents of
which are submitted to be true and voluntary, I am
satisfied that the matter has been amicably settled and
that no public interest is involved in this matter. Moreover,
in view of the settlement arrived at between the parties,
there is no possibility of the criminal proceedings ending in
conviction. As such, continuance of the proceedings will
amount to an abuse of process of court and hence, in view
of the legal position set out by the Honourable Supreme
Court in Madan Mohan Abbot v. State of Punjab
[(2008) 4 SCC 582] and Gian Singh v. State of
Punjab and another [(2012) 10 SCC 303], there is no
Crl.MC.No.5865 OF 2020(C)
impediment in granting the relief.
Therefore, this Crl.M.C. is allowed. All further
proceedings in C.C. No. 784 of 2019 on the file of
Judicial First Class Magistrate Court, Malappuram District
are quashed.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
Crl.MC.No.5865 OF 2020(C)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF FINAL REPORT CRIME NO.396 OF
2019 OF KONDOOTY POLICE STATION,
MALAPPURAM DISTRICT.
ANNEXURE A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.
// True Copy // PA To Judge
