Crime No.37/2019 Of ... vs By Advs
2021 Latest Caselaw 6452 Ker

Crl.MC.No.761 OF 2021(E)           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MRS. JUSTICE SHIRCY V.

  TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                    Crl.MC.No.761 OF 2021(E)

AGAINST THE ORDER/JUDGMENT IN CC 221/2019 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS ,KUNNAMANGALAM

  CRIME NO.37/2019 OF Kunnamangalam Police Station , Kozhikode


PETITIONER/(DEFACTO COMPLAINANT)

             REMYA U.
             AGED 36 YEARS
             W/O.SUSHANTH KUMAR,UCHAKAVIL HOUSE,PANNIKKODE
             POST,MUKKAM(VIA),
             KOZHIKODE-673602.

             BY ADVS.
             SRI.K.JAYESH MOHANKUMAR
             SRI.PUSHPARAJAN KODOTH
             SMT.VANDANA MENON

RESPONDENTS(ACCUSED 1,2 AND 3 AND STATE):

      1      SUSHANTH KUMAR
             AGED 45 YEARS
             S/O.LATE BHARATHAN,VELLATTIL HOUSE,
             KARANTHUR.P.O, KUNNAMANGALAM,
             KOZHIKODE DISTRICT-673571.

      2      SHAJI KUMAR
             AGED 50 YEARS
             S/O LATE BHARATHAN,VALLIYAKATTIL HOUSE,
             MAYANAD,MEDICAL COLLEGE POST,
             KOZHIKODE DISTRICT-673008.

      3      CHANDRIKA
             AGED 53 YEARS
             W/O.LOHITHAKSHAN,KANNAMCHERIPOYIL,
             THIRUVAMBADI POST,KOZHIKODE DISTRICT,
             PIN-673603.

      4      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA,
 Crl.MC.No.761 OF 2021(E)            2

             ERNAKULAM.(CRIME NO.37/2019 ON THE FILE OF
             KUNNAMANGALAM POLICE STATION,
             KOZHIKODE CITY).

             R1-3 BY ADV. VIMAL VIJAY

OTHER PRESENT:

             PP-- C N PRABHAKARAN

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.761 OF 2021(E)                   3




                                     ORDER

Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioner is the defacto complainant in Crime No.37 of

2019 registered for the offences punishable under Sections

406,498(A), 323 read with Section 34 of the Indian Penal Code before

the Kunnamangalam Police Station, now pending as C.C.No.221 of

2019 on the file of the Judicial First Class Magistrate Court,

Kunnamangalam.

3. It is submitted by the learned counsel for the petitioner that

the parties have resolved their entire disputes among themselves and

as such there is no subsisting dispute between them. Therefore, this

petition to quash Annexure A, B and all the further proceedings in

C.C.No.221/2019 on the files of Judicial First Class Magistrate Court,

Kunnamangalam.

4. Learned counsel appearing for respondent Nos.1,2 and 3

would submit that the petitioner has no grievance or complaints

against them. Annexure D,E and F are the affidavits sworn to by them

in support of the submission of the petitioner. The genuineness of the

affidavits are not in dispute and hence accepted.

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. On hearing the submissions of all concerned and on perusal of

the records 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 this

petitioner. Moreover, no public interest is involved in the case and

there is no legal impediment in granting the prayer as sought for by

the petitioner. Therefore, for the purpose of securing the ends of

justice, this Crl.M.C is only to be allowed.

For the foregoing reasons Annexure A FIR and Annexure B Final

Report in Crime No.37 of 2019 of Kunnamangalam Police Station and

all further proceedings in C.C.No.221 of 2019 pending before the

Judicial First Class Magistrate Court, Kunnamangalam will stand

quashed as prayed for, exercising the powers of this Court under

Section 482 of the Code of Criminal Procedure.

Sd/-

SHIRCY V.

smm                                               JUDGE


                           APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A           TRUE COPY OF F.I.R.IN CRIME NO.37/2019 OF

KUNNAMANGALAM POLICE STATION,KOZHIKODE DISTRICT,DT.16.01.2019.

ANNEXURE B TRUE COPY OF FINAL REPORT SUBMITTED BY THE KUNNAMANGALAM POLICE DT.04.06.2019 BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE COURT,KUNNAMANGALAM

ANNEXURE C AFFIDAVIT DATED 15.12.2020 FILED BY THE PETITIONER.

ANNEXURE D AFFIDAVIT DATED 15.12.2010 FILED BY THE 1ST RESPONDENT.

ANNEXURE E AFFIDAVIT DATED 15.12.2010 FILED BY THE 2ND RESPONDENT.

ANNEXURE F AFFIDAVIT DATED 15.12.2010 FILED BY THE 3RD RESPONDENT.