Niyas vs The State Of Kerala
2021 Latest Caselaw 14653 Ker

Crl.M.C.No.536 of 2021                  1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                    THE HONOURABLE MRS. JUSTICE SHIRCY V.
       WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                             CRL.MC NO. 536 OF 2021
       CRIME NO.242/2019 OF Edavanna Police Station, Malappuram
     AGAINST THE ORDER/JUDGMENT IN CC 395/2019 OF CHIEF JUDICIAL
                         MAGISTRATE ,MANJERI, MALAPPURAM
PETITIONERS/ACCUSED
     1     NIYAS,
           AGED 31 YEARS
           S/O.ALALIUTTY,CHAVARATTIL HOUSE,
           THRIKKALANGODE,AMAYUR,
           MALAPPURAM-676123.
      2       SUHARA,
              W/O.ALALIUTTY,CHAVARATTIL HOUSE,
              THRIKKALANGODE,AMAYUR,
              MALAPPURAM-676123.
      3       AHAMMED SHIBLI,
              AGED 38 YEARS
              S/O.SHAMSUDHEEN,AVVUNJIPURAM
              HOUSE,KIZHAKKETHALA,MANJERI,
              MALAPPPURAM-676121.
              BY ADV E.C.AHAMED FAZIL

RESPONDENTS/STATE-COMPLAINANT AND VICTIMS

      1       THE STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA,ERNAKULAM-682031.
      2       THE SUB INSPECTOR OF POLICE
              EDAVANNA POLICE STATION,MALAPPURAM DISTRICT-676523.
      3       NIHALA.P
              D/O.ABDURAHIMAN,DARUL AMAN HOUSE,MANHAPATTA POST,ERNAD
              TALUK,MALAPPURAM DISTRICT-676505.
 Crl.M.C.No.536 of 2021                   2




              BY ADV NIYAS MOHAMMED
                  PUBLIC PROSECUTOR SRI. AJITH MURALI



      THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.536 of 2021                  3




                                    ORDER

Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioners are the accused in Crime No. 242 of 2019 of

Edavanna Police Station registered for the offences punishable under

Sections 498A, 406 read with Setion 34 of Indian Penal Code, now

pending as C.C. No. 395 of 2019 on the file of the Chief Judicial

Magistrate, Manjeri.

3. Heard both sides and perused the records.

4. It is submitted by the learned counsel for the petitioners

that the parties have resolved the entire dispute among themselves and

there is no subsisting dispute between them. Therefore, this petition to

quash all proceedings in C.C.No.395 of 2019.

5. Learned counsel appearing for the 3rd respondent/defacto

complainant has submitted that now she has absolutely no grievance or

complaints against the petitioners. Annexure A2, the affidavit sworn to by

her, indicates that she has no intention to pursue the matter further.

6. The learned Public Prosecutor has reported that the

prosecution has no serious objection in allowing the petition.

7. As the dispute has been amicably settled, the possibility of

conviction is remote and bleak.

8. Therefore, considering 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,

exercising the inherent powers of this Court under Section 482 of Cr.P.C.

For the foregoing reasons, all proceedings in C.C.No.395 of

2019 on the file of the Chief Judicial Magistrate, Manjeri arising from

Crime No.242 of 2019 of Edavanna Police Station, will stand quashed as

prayed for.

Sd/-

SHIRCY V JUDGE

smm

APPENDIX OF CRL.MC 536/2021

PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF FINAL REPORT IN CRIME NO.242 OF 2019 OF EDAVANNA POLICE STATION,MALAPPURAM DISTRICT.

ANNEXURE P2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.