Kerala High Court
Muhammed Shamseer vs State Of Kerala on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Crl.MC.No.3748 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 131/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,HOSDRUG
CRIME NO.890/2017 OF Hosdurg Police Station , Kasargod
PETITIONERS/ACCUSED 1 AND 5 :-
1 MUHAMMED SHAMSEER
AGED 28 YEARS
S/O. SUBAIR,
S.M. VILLA,
AAVI, HOSDURG,
KANHANGAD P.O,
KASARGOD DISTRICT, PIN-671 315
2 AYISHABI,
AGED 48 YEARS
W/O. SUBAIR,
S.M. VILLA,
AAVI, HOSDURG,
KANHANGAD P.O,
KASARGOD DISTRICT,
PIN-671 315
3 SHAJUDHEEN @ SHAJI,
AGED 37 YEARS
S/O. ASHRAF, KUSHAL NAGAR,
KASARGOD DISTRICT,
PIN-671 315
4 JASMINE,
AGED 36 YEARS
W/O. FAWAD, KUSHAL NAGAR,
KASARGOD DISTRICT,
PIN-671 315
5 FIROZ M,
AGED 36 YEARS
S/O. ISMAIL, MIYANATH HOUSE,
KUSHAL NAGAR,
KASARGOD DISTRICT,
PIN-671 315
Crl.MC.No.3748 OF 2020
2
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENTS/COMPLAINANT :-
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 STATION HOUSE OFFICER
HOSDURG POLICE STATION,
KASARAGOD DISTRICT-671 315
3 ASMA P.H.
D/O. ABDULLAH, ETTAMMAL HOUSE,
BALLA KADAPPURAM, HOSDURG TALUK,
KASARGOD DISTRICT, PIN-671 315
R3 BY ADV. SRI.NIRMAL V NAIR
R1 AND R2 AJITH MURALI -P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3748 OF 2020
3
ORDER
Dated this the 6th day of January 2021
Petition under Section 482 of the Code of
Criminal Procedure.
2. Petitioners are the accused Nos.1 to 5 in
C.C.No.131 of 2018 pending before the Judicial First
Class Magistrate Court-1, Hosdurg (Crime No.890 of
2017 of Hosdurg Police Station) registered for the
offences punishable under Sections 498(A), 354 r/w 34
of Indian Penal Code.
3. It is submitted by the learned counsel for
the petitioners that the entire dispute between the
parties have been settled out of court due to the
intervention of mediators and now the defacto
complainant has absolutely no grievance against these
petitioners and hence this application.
4. The learned Public Prosecutor has also
submitted that the matter has been settled amicably
and so the defacto complainant has no complaint
Crl.MC.No.3748 OF 2020
against these petitioners and hence the request can be
accepted.
5. On going through the affidavit submitted by
the defacto complainant as Annexure A2 and on hearing
the learned counsel for the petitioners and the
defacto complainant as well the learned Public
Prosecutor, I am fully convinced that the entire
dispute is settled and no fruitful purpose is likely
to be served by proceeding with the matter against
these 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.
For the foregoing reasons, this Crl.M.C is
allowed and all further proceedings in C.C.No.131 of
2018 pending before the Judicial First Class
Magistrate Court-1, Hosdurg (Crime No.890 of 2017 of
Hosdurg Police Station) against these petitioners
shall stand quashed as prayed for.
Sd/-
SHIRCY V.
JUDGE
SMA
Crl.MC.No.3748 OF 2020
APPENDIX
PETITIONERS ANNEXURES :-
ANNEXURE A1 A CERTIFIED COPY OF THE FINAL REPORT IN
CRIMENO. 890 OF 2017 OF HOSDURG POLICE
STATION.
ANNEXURE A2 AFFIDAVIT DATED 09.11.2019 SUBMITTED BY
3RD RESPONDENT.
RESPONDENT(S) ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
