Shajahan vs State Of Kerala
2021 Latest Caselaw 12833 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
 THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
                     CRL.MC NO. 2708 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CC 484/2012 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA, KOLLAM
PETITIONER/ACCUSED:

           SHAJAHAN
           AGED 52 YEARS
           S/O. YOUSUF KUNJU,
           RESIDING AT KOOTTAPANAKKAL HOUSE, KANATHOOR
           KUNNAM MURI, PADINJARAKKALLADA VILLAGE
           SASTHAMKOTTA, KOLLAM DISTRICT.

           BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

    2      SAIFUNNISA
           AGED 46 YEARS
           D/O. KHADEEJA BEEVI RESIDING AT PALLICKAL P.O.
           KOTTARAKKARA TALUK, KOLLAM DISTRICT- 691 566.

    3      SABITH
           AGED 46 YEARS, S/O/ HASSAN KUNJU,
           RESIDING AT CHARUVILA PUTHENVEEDU, PALLICKAL
           CHERIYA MURI, MYLOM VILLAGE, PALLICKAL P.O.
           KOTTARAKKARA TALUK, KOLLAM DISTRICT-691 566.
           BY ADV JOSEPH GEORGE

           R1 BY SRI SANTHOSH PETER-SR PP
           R2 & R3 BY SRI JOSEPH GEORGE

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.M.C.No. 2708 of 2021

                                     2



                  R. NARAYANA PISHARADI, J
        ----------------------------------------------------
                   Crl.M.C.No. 2708 of 2021
       -----------------------------------------------------
                   Dated this the 10th day of June, 2021

                               ORDER

This is a petition filed under Section 482 Cr.P.C for quashing

the proceedings against the petitioner in the case

C.C.No.484/2012 on the file of the Court of the Judicial First Class

Magistrate, Sasthamkotta.

2. The petitioner is the sole accused in the aforesaid case.

The offences allegedly committed by him are punishable under

Sections 188, 498A and 323 of the IPC. The second and the third

respondents are the victims of the offences punishable under

Sections of 498A and 323 IPC allegedly committed by the

petitioner.

3. It is submitted that the entire matter has been settled

between the parties. Therefore, it is prayed that the proceedings

against the petitioner in the case may be quashed.

4. Heard the learned counsel for the petitioner and the

second and the third respondents and also the learned Public

Prosecutor.

Crl.M.C.No. 2708 of 2021

5. Learned counsel for the second and the third

respondents submitted that they have got no objection to quash

the proceedings against the petitioner.

6. I have perused the affidavits filed by the second and the

third respondents. It is stated in the affidavits filed by them that

the entire dispute between them and the petitioner has been

settled and that they have got no grievance against the petitioner.

The dispute between the parties, as far as the offences punishable

under Sections 498A and 323 IPC are concerned, is purely private

in nature. I am satisfied that the settlement arrived at between

the parties in respect of those offences is genuine and it can be

accepted.

7. An offence punishable under Section 188 IPC is also

alleged against the petitioner on the ground that, when the order

of the court allowing the second respondent to reside in his house

was produced before him, he refused to comply with that order.

Learned Magistrate had taken cognizance of the offence punishable

under Section 188 IPC on the basis of the charge-sheet filed by the

police. Cognizance of the offence punishable under Section 188

IPC taken by the learned Magistrate on the basis of the police

charge-sheet is apparently illegal. As far as the offence punishable Crl.M.C.No. 2708 of 2021

under Section 188 IPC is concerned, the court could have taken

cognizance only on the basis of a complaint filed by the public

servant concerned as provided under Section 195(1)(a) Cr.P.C. In

these circumstances, the case against the petitioner for the offence

punishable under Section 188 IPC is also liable to be quashed.

8. Consequently, the petition is allowed. The entire

proceedings against the petitioner in the case C.C.No.484/2012 on

the file of the Court of the Judicial First Class Magistrate,

Sasthamkotta, arising out of Crime No.1176/2011 of the

Sasthamkotta Police Station, are hereby quashed.

Sd/-R. NARAYANA PISHARADI JUDGE lsn Crl.M.C.No. 2708 of 2021

APPENDIX

PETITIONER'S EXHIBITS

ANNEXURE A1: COPY OF THE FINAL REPORT IN C.C.NO.484/2012 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMKOTTA.

ANNEXURE-A2: AFFIDAVIT DATED 17.04.2021 SWORN IN BY THE 2ND RESPONDENT.

ANNEXURE A3: AFFIDAVIT DATED 17.04.2021 SWORN IN BY THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN