Kerala High Court
Muneer. M vs The State Of Kerala on 23 February, 2021
Crl.MC.No.722 OF 2021(A) 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.722 OF 2021(A)
AGAINST THE ORDER/JUDGMENT IN CC 735/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KASARAGOD
CRIME NO.211/2019 OF Kumbla Police Station , Kasargod
PETITIONER/ACCUSED:
MUNEER. M,
AGED 42 YEARS
S/O.ABDUL KHADER, RESIDING AT K.V.HOUSE, MOGRAL
(PO), KASARAGOD DISTRICT.
BY ADVS.
SHRI.JAWAHAR JOSE
SRI.JAISON ANTONY
RESPONDENTS/STATE AND THE DEFACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
2 THASREEFA
AGED 30 YEARS
D/O.ISMAIL, RESIDING AT KUNNAR, CHATTENCHAL,
THEKKIL (PO), KASARAGOD DISTRICT, PIN-671 541.
R2 BY ADV. JAISON ANTONY
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.722 OF 2021(A) 2
ORDER
Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the accused in Crime No.211 of 2019
registered for the offences punishable under Section 498 A of the
Indian Penal Code before the Kumbla Police Station, now pending as
C.C.No.735 of 2019 on the file of the Judicial First Class Magistrate
Court-II, Kasaragod.
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 the further proceedings in C.C.No.735/2019 now
pending before the Judicial First Class Magistrate Court-II, Kasaragod.
4. Learned counsel appearing for respondent No.2 has
submitted that she has absolutely no grievance or complaints against
this petitioner. Annexure D is the affidavit sworn to by her in support
of the submission of the petitioner. The affidavit further indicates that
she has no intention to pursue the matter further, as the dispute has
been amicably settled between the parties.
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 all further proceedings in C.C.No.735
of 2019 pending before the Judicial First Class Magistrate Court-II,
Kasaragod arising from Crime No.211 of 2019 will stand quashed as
prayed for, exercising the inherent power under Section 482 of the
Criminal Procedure Code.
Sd/-
SHIRCY V.
smm JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR DATED 11.05.2019
IN CRIME NO.211/2019 OF KUMBLA POLICE
STATION.
ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET BEARING
NUMBER 735/2019 WHICH WAS FILED IN CRIME
NO.211/2019 OF KUMBLA POLICE STATION.
ANNEXURE C CERTIFIED COPY OF THE MEMO OF EVIDENCE
DATED 31.08.2019 IN CRIME NO.211/2019 OF
KUMBLA POLICE STATION WHICH WAS FILED ALONG
WITH ANNEXURE B CHARGE SHEET.
ANNEXURE D COPY OF THE AFFIDAVIT DATED 09.01.2021
SWORN BY THE 2ND RESPONDENT EVIDENCING
SETTLEMENT.
