Sadiq K.Y. vs Sumayya K
2021 Latest Caselaw 2491 Ker

Crl.M.C.5841/2020
                                    1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MRS. JUSTICE SHIRCY V.

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                      Crl.MC.No.5841 OF 2020(A)

   AGAINST THE ORDER/JUDGMENT IN CC 669/2019 OF JUDICIAL FIRST
              CLASS MAGISTRATE COURT-III, KASARAGOD

       CRIME NO.206/2019 OF Kumbla Police Station , Kasargod


PETITIONERS/ACCUSED 1 TO 4:

       1       SADIQ K.Y., AGED 27 YEARS
               S/O. YOUSAF, RESIDING AT KUNNIL HOUSE, KANNUR,
               EDANAD VILLAGE, KASARAGOD TALUK, KASARAGOD
               DISTRICT.

       2       MUHAMMED K.Y., AGED 39 YEARS
               S/O. YOUSAF, RESIDING AT KUNNIL HOUSE, KANNUR,
               EDANAD VILLAGE, KASARAGOD TALUK, KASARAGOD
               DISTRICT.

       3       ABDULLA K.Y., AGED 41 YEARS
               S/O. YOUSAF, RESIDING AT KUNNIL HOUSE, KANNUR,
               EDANAD VILLAGE, KASARAGOD TALUK, KASARAGOD
               DISTRICT.

       4       SHAMEEMA, AGED 28 YEARS
               W/O. MUHAMMED K.Y, RESIDING AT KUNNIL HOUSE,
               KANNUR, EDANAD VILLAGE, KASARAGOD TALUK, KASARAGOD
               DISTRICT.

               BY ADVS.
               SRI.T.MADHU
               SMT.C.R.SARADAMANI

RESPONDENTS/DEFACTO COMPLAINANT & STATE:

       1       SUMAYYA K.
               D/O. IBRAHIM, RESIDING AT DARBARKATTE HOUSE,
               NEAR DARBARKATTE MASJID, ICHILAMPADY,
               KODIYAMMA, KASARAGOD DISTRICT 671 321.

       2       THE STATE OF KERALA,
 Crl.M.C.5841/2020
                                 2

               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM 682 031.


       3       THE STATION HOUSE OFFICER,
               KUMBLA POLICE STATION, KASARAGOD DISTRICT 695 321.

               R1 BY ADV. SHAHID AZEEZ

OTHER PRESENT:

               C.N.PRABHAKARAN- SR.P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.5841/2020
                                         3




                                    ORDER

[ Crl.MC.5841/2020 ]

Dated this the 21st day of January 2021 Petition under Section 482 of the Code of Criminal

Procedure.

2. The petitioners are accused Nos. 1 to 4 in

Crime No. 206 of 2019 of Kumbla Police Station registered

for the offences punishable under Section 498A read with

Section 34 of Indian Penal Code, now pending as C.C. No.

669 of 2019 on the file of the Judicial First Class

Magistrate-II, Kasaragod. The 1st petitioner and the 1st

respondent are husband and wife.

3. It is submitted by the learned counsel for

the petitioners that the parties have resolved the entire

disputes among themselves and as such there is no

subsisting dispute between them. Therefore, this petition

to quash Annexure A2 final report in Crime No. 206 of 2019

of Kumbla Police Station.

4. Learned counsel appearing for the 1st

respondent/defacto complainant has submitted that she has

absolutely no grievance or complaints against the Crl.M.C.5841/2020

petitioners. Annexure A3 is the affidavit sworn to by her

in support of the submission of the petitioners. The

affidavit further indicates that she has no intention to

pursue the matter further.

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. Heard both sides and perused the records.

7. On hearing the submissions of all concerned,

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 the petitioners. Moreover, no public

interest is involved in the case and there is no legal

impediment in granting the prayer as sought for by the

petitioners. Therefore, for the purpose of securing the

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

For the foregoing reasons, Annexure A2 final

report in Crime No. 206 of 2019 of Kumbla Police Sation now

pending as C.C. No. 669 of 2019 on the file of the Judicial Crl.M.C.5841/2020

First Class Magistrate-II, Kasaragod will stand quashed as

prayed for.

Sd/-

SHIRCY V.

JUDGE

sb Crl.M.C.5841/2020

APPENDIX OF Crl.MC 5841/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR DATED 8/5/2019 IN CRIME NO. 206/2019 OF KUMBLA POLICE STATION.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPROT DATED 29/6/2019 IN CRIME NO. 206/2019 OF KUMBLA POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT DATED 18/12/2020 SWORN IN BY THE FIRST RESPONDENT.

Crl.M.C.5841/2020