Mashood R.T vs State Of Kerala
2021 Latest Caselaw 5559 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                      Crl.MC.No.213 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN CC 5733/2019 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS - II, PERAMBRA

      CRIME NO.180/2019 OF ATHOLY POLICE STATION, KOZHIKODE


PETITIONERS/ACCUSED 1 AND 2:

      1      MASHOOD R.T.,
             AGED 39 YEARS
             S/O. LATE ABOOBAKCER, AMMANDIPARAMBU, PERUVAYAL
             DESOM, KOZHIKODE - 673008.

      2      FATHIMA
             AGED 53 YEARS
             W/O. LATE ABOOBAKCER, AMMANDIPARAMBU, PERUVAYAL
             DESOM, KOZHIKODE - 673008.

             BY ADV. SRI.P.ANOOP (MULAVANA)

RESPONDENTS/STATE, DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, 682031.

      2      FOUSIYA,
             D/O. LATE MAJEED, CHALIL MEETHAL, VELUR AMSOM DESOM,
             KOYILANDY TALUK, KOZHIKODE DISTRICT - 673305.

             R2 BY ADV. A.CHANDRA BABU

OTHER PRESENT:

             SR.PP.C.N.PRABHAKARAN

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.213 OF 2021
                                   2




                            ORDER

Dated this the 16th day of February 2021

Petitioners are accused Nos. 1 & 2 in Crime

No.180/2019 registered at the Atholi Police Station,

Kozhikode Rural for the offence punishable under

Section 498-A & 406 r/w Section 34 of IPC, now

pending as C.C.No.5733/2019 on the files of the

Judicial First Class Magistrate Court-II, Perambra.

The de facto complainant, at whose instance the

crime was registered, is the 1 st petitioner's wife and is

arrayed as the 2nd respondent herein. Annexure-A2

affidavit has been filed by the 2 nd respondent stating

that the matrimonial dispute, which had compelled

her to submit the complaint leading to registration of

the crime, has been resolved amicably and hence, she

has no subsisting grievance against the petitioners.

2. Heard the learned Public Prosecutor also,

who, on instructions, submits that the petitioners CRL.M.C.NO.213 OF 2021

have no criminal antecedents.

3. Having considered the gravity of the

offences alleged, nature of the injury caused and

having perused the affidavit filed by the 2 nd

respondent, the contents of which are submitted to

be true and voluntary, I am satisfied that the dispute

is settled and no public interest is involved in this

matter. Moreover, in view of the settlement,

possibility of the criminal proceedings ending in

conviction is remote. 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 impediment in

granting the relief sought.

In the result, this Crl.M.C is allowed.

Annexure-1 Final Report in crime No.180/2019 of

Atholi Police Station, Kozhikode Rural and further CRL.M.C.NO.213 OF 2021

proceedings in C.C.No.5733/2019 on the files of the

Judicial First Class Magistrate Court-II, Perambra are

quashed.

Sd/-

V.G.ARUN

JUDGE

NB CRL.M.C.NO.213 OF 2021

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC 5733/2019 OF THE JFCM - II PERAMBRA, ARISING FROM CRIME NO.180/2019 OF THE ATHOLI POLICE STATION, KOZHIKODE DISTRICT.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.