Sabeena Taj vs Nazim.As
2021 Latest Caselaw 15185 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
        TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                        CRL.MC NO. 3180 OF 2021
      AGAINST THE ORDER/JUDGMENT IN CC 206/2014 OF CHIEF JUDICIAL
    MAGISTRATE , TRIVANDRUM/SPECIAL COURT FOR TRIAL OF CYBER CRIME,
                           THIRUVANANTHAPURAM
PETITIONER/S:

1           SABEENA TAJ
            AGED 31 YEARS, D/O SUNI @ SUJITH, T.C.14/350, NEAR
            VALSALA NURSING HOME, NANDAVANAM, THIRUVANANTHAPURAM -
            695 033.

2           SUNI @ SUJITH
            AGED 52 YEARS, D/O KHADEEJA BEEVI, T.C.14/1350, NEAR
            VALSALA NURSING HOME, NANDAVANAM, THIRUVANANTHAPURAM -
            695 033.

3           KHADEEJA BEEVI,
            AGED 72 YEARS, RESIDING AT AMBARA HOUSE, T.C.14/1360,
            PARIS ROAD, BAKERY JUNCTION, THIRUVANANTHAPURAM - 695
            033.

            BY ADVS.
            REJITH RAJENDRAN
            MUHAMMAD JASHEEN J.
            RAJEEV A.R.



RESPONDENT/S:

1           NAZIM A.S.,
            AGED 45 YEARS, S/O ABDUL RASHEED, RESIDING AT CHIRAYIL
            VEEDU, KALLUVETTI, MANJAMALA P.O., THIRUVANANTHAPURAM.
 CRL.MC NO. 3180 OF 2021
                                      2



2           STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 31.

            R1 BY ADVS.
            G.RAJEEV
            LEKSHMI RAMAKRISHNAN
            BINCY JOB
            AJITH KUMAR.S

            R2 BY SRI.T.R.RENJITH, PP




     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3180 OF 2021
                                                 3




                                        O R D E R

The petitioners are accused in C.C.No.206/2014 on the

files of the Chief Judicial Magistrate Court,

Thiruvananthapuram, for having allegedly committed the

offences punishable under Sections 406, 465 and 471 read

with Section 34 of the I.P.C.

2. The complaint was filed by the 1st respondent

herein, on the basis of which Section 202 inquiry was

conducted by the learned Magistrate and cognizance was

taken on for the offences as stated above. The matter has

now been settled between the accused and the 1st respondent

herein. The 1st respondent has also appeared through a

Counsel and filed an affidavit to the effect that the

matter has been settled amicably with the petitioners and

that he does not have any objection in quashing the

proceedings as against the petitioners. No crime has been

registered. Therefore, the learned Public Prosecutor has

nothing to say about the matter. In view of the settlement CRL.MC NO. 3180 OF 2021

of the dispute between the parties, I find that the entire

proceedings in C.C.No.206/2014 on the files of the Chief

Judicial magistrate Court, Thiruvananthapuram is to be

quashed. Hence, the Crl.M.C. is allowed and the entire

proceedings as against the petitioners shall stand quashed

under Section 482 of Cr.P.C. and the petitioners are

discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 3180 OF 2021

APPENDIX OF CRL.MC 3180/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF THE CMP NO.942/2013 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT SWORN-IN BY THE RESPONDENT/ DE FACTO COMPLAINANT DATED 14.07.2021.