Abdul Samad P vs The State Of Kerala
2021 Latest Caselaw 5608 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.520 OF 2021(D)

  AGAINST THE JUDGMENT IN CC 820/2020 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS ,MALAPPURAM

   CRIME NO.285/2020 OF Malappuram Police Station , Malappuram


PETITIONER:

               ABDUL SAMAD P.
               AGED 26 YEARS
               S/O.MUHAMMED MUSTHFA, PARAKKAL HOUSE, KUNNAKKAVU,
               PERINTHALMANNA, MALAPPURAM DISTRICT.

               BY ADV. SRI.K.RAKESH

RESPONDENTS:

      1        THE STATE OF KERALA
               REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM, KOCHI 682 031

      2        THE STATION HOUSE OFFICER,
               MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT, PIN
               676 505

      3        SHABEEB P.K.,
               S/O.KUNHIMUHAMMED, AGED 24 YEARS, PATTAR KALATHINGAL
               HOUSE, PAYYANAD P.O., PAYYANAD VILLAGE, ERNAD TALUK,
               MALAPPURAM DISTRICT PIN 676 122

               R3 BY ADV. K.S.PRAVEEN



               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 520/2021                            2




                                       V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.520 of 2021
                ===========================
                  Dated this the 16th day of February, 2021


                                       ORDER

Petitioner is the accused in Crime No.285 of 2020

registered at the Malappuram Police Station for offences

punishable under Sections 384 and 420 of IPC, now pending as

C.C.No.820 of 2020 on the files of Judicial First Class Magistrate,

Malappuram. The allegation is of the petitioner having duped the

defacto complainant into paying money to him for engaging

sexual chat, through 'whatsapp' pretending to be a woman. The

de facto complainant at whose instance the crime was registered

is the 3rd respondent. Annexure C affidavit has been filed by the

3rd respondent stating that the dispute has been settled and that

he has no subsisting grievance against the petitioner.

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 alleged,

nature of the injury caused and having perused the affidavit filed

by the 3rd respondent, the contents of which are submitted to be

true and voluntary, I am satisfied that the dispute is settled and

that 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.

4. In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.820 of 2020 on the files of Judicial First Class Magistrate,

Malappuram is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.285/2020 OF MALAPPURAM POLICE STATION DT. 13.5.20

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.285/2020 OF MALAPPURAM POLICE STATION

ANNEXURE C AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 20.1.2021