Riyas vs State Of Kerala
2021 Latest Caselaw 15572 Ker

Crl.M.C.No.2668 of 2021                   1




                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE SHIRCY V.
           FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                              CRL.MC NO. 2668 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CC 805/2019 OF JUDICIAL MAGISTRATE OF
                          FIRST CLASS -I, PUNALUR, KOLLAM
PETITIONER

               RIYAS
               AGED 31 YEARS
               S/O. RAHIM,MANGALATHU VEEDU, PALAMUKKU, ANCHAL P.O,
               EDAMULAKKAL VILLAGE, KOLLAM DISTRICT.
               BY ADV LATHEESH SEBASTIAN


RESPONDENTS/STATE AND COMPLAINANT

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM 682 031
      2        STATION HOUSE OFFICER
               ANCHAL POLICE STATION, KOLLAM DISTRICT 691 306
      3        RAHANA RAHMAN
               AGED 23 YEARS
               D/O. ABDUL RAHMAN, CHATHUKALAKALATHEEKKETHIL, KARAYARA
               P.O, VILAKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT
               698 306
               BY ADV PRABISHA T.P.


OTHER PRESENT:

               BY PUBLIC PROSECUTOR SMT. PUSHPALATHA.M.K



      THIS    CRIMINAL     MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.2668 of 2021                 2




                                     ORDER

Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime No.1405 of 2018 of

Anchal Police Station registered for the offence punishable under Section

498A of Indian Penal Code, now pending as C.C. No. 805 of 2019 on the file

of the Judicial First Class Magistrate-I, Punalur.

3. Heard both sides and perused the records.

4. It is submitted by the learned counsel for the petitioner that

the parties have resolved the entire dispute among themselves and there is

no subsisting dispute between them. Therefore, this petition to quash

Annexure A1 final report in C.C.No.805 of 2019.

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

complainant has submitted that she has absolutely no grievance or

complaints against the petitioner. 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, invoking the

jurisdiction under Section 482 of Cr.P.C.

For the foregoing reasons, Annexure A1 final report in C.C. No.

805 of 2019 on the file of the Judicial First Class Magistrate-I, Punalur

arising from Crime No.1405 of 2018 of Anchal Police Station, will stand

quashed as prayed for.

Sd/-

SHIRCY V

JUDGE

smm

APPENDIX OF CRL.MC 2668/2021

PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.

1405/2018 OF ANCHAL POLICE STATION.

ANNEXURE A2 COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT