Kerala High Court
Shazaib Abdul Kareem vs State Of Kerala on 16 February, 2021
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.620 OF 2021(F)
AGAINST THE ORDER/JUDGMENT IN CC 1855/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KANNUR
CRIME NO.5/2020 OF IRIKKUR POLICE STATION, KANNUR
PETITIONER/ACCUSED:
SHAZAIB ABDUL KAREEM
AGED 29 YEARS
S/O.ABDUL KAREEM, THAVALANGAL (H), PUZHAKKATTERI
P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.B.MUHAMMED SHAHEEL
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN-682031, (INVESTIGATING
OFFICER IN CRIME NO.5/2020 OF IRIKKUR POLICE STATION
PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT II, KANNUR).
2 SHAMLA ISMAIL
AGED 25 YEARS
D/O.ISMAIL, MUSALIYARAKATH(H), SHAMLA MANZIL,
MANHAMKARI, KOSAVANVAYAL P.O., KALLIAD VILLAGE,
IRITTY TALUK, KANNUR DISTRICT, PIN CODE-670593.
R2 BY ADV. K.REEHA KHADER
OTHER PRESENT:
PP AJITH MURALI
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.620 OF 2021
2
ORDER
Dated this the 16th day of February 2021
Petitioner is the accused in Crime No.5/2020
registered at the Irikkur Police Station, Kannur, for the
offence punishable under Section 498-A of IPC, now
pending as C.C.No.1855/2020 on the files of the Judicial
First Class Magistrate Court-II, Kannur. The de facto
complainant, at whose instance the crime was registered,
is the petitioner's wife and is arrayed as the 2 nd
respondent herein. Annexure-A3 affidavit has been filed
by the 2nd 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 decision taken to end the matrimonial
relationship. Hence, she has no subsisting grievance
against the petitioners.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioner has no criminal
antecedents.
3. Having considered the gravity of the offences
CRL.M.C.NO.620 OF 2021
alleged, nature of the grievance 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-A1
Final Report in Crime No.5/2020 of Irikkur Police Station
and further proceedings in C.C.No.1855/2020 on the files
of the Judicial First Class Magistrate Court-II, Kannur are
quashed.
Sd/-
V.G.ARUN
JUDGE
NB
CRL.M.C.NO.620 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.5/2020 OF IRIKKUR POLICE STATION
PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT II, KANNUR AS
CC.NO.1855/2020.
ANNEXURE A2 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.5/2020 OF IRIKKUR POLICE STATION PENDING
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT II, KANNUR AS CC.NO.1855/2020.
ANNEXURE A3 THE AFFIDAVIT SWORN BY 2ND RESPONDENT.
RESPONDENTS'S EXHIBITS: NIL
