Sanofar vs State Of Kerala
2021 Latest Caselaw 12891 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
  FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                    CRL.MC NO. 2716 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CC 2731/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:

           1. SANOFAR
           S/O SHAHABUDHEEN, AGED 35 YEARS
           AYATHIMOODU HOUSE,
           NEAR PADIKKETTU,
           IRINCHAYAM, NEDUMANGAD, THIRUVANANTHAPURAM.

           2. SAJIN, S/O SHAHABUDHEEN, AGED 31 YEARS
           AYATHIMOODU HOUSE,
           NEAR PADIKKETTU,
           IRINCHAYAM, NEDUMANGAD, THIRUVANANTHAPURAM.

           3. SANAM SHA, S/O SHAHABUDHEEN, AGED 37 YEARS
           AYATHIMOODU HOUSE,
           NEAR PADIKKETTU,
           IRINCHAYAM, NEDUMANGAD, THIRUVANANTHAPURAM.

           BY ADV LATHEESH SEBASTIAN


RESPONDENTS/STATE/COMPLAINANT & VICTIMS:

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

    2      STATION HOUSE OFFICER
           NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM
           DISTRICT.

    3      SHAMNA
           D/O NAZEEMA BEEVI, AGED 26 YEARS
           THEKKUMKARA HOUSE, MARANAD, BHARATHANNOOR
           NOW RESIDING AT NAYANAM HOUSE, KUMILINAGAR,
           PACHALLOOR, THIRUVALLAM, THIRUVANANTHAPURAM-695027

    4      NAZEEMA BEEVI
           D/O AYISHA BEEVI, AGED 51 YEARS,
           THEKKUMKARA HOUSE, MARANAD, BHARATHANNOOR
           NOW RESIDING AT NAYANAM HOUSE, KUMILINAGAR,
 Crl.M.C.No. 2716 of 2021

                                 2

             PACHALLOOR, THIRUVALLAM, THIRUVANANTHAPURAM-695027

    5        SHAMNAD
             S/O BADUSHA, AGED 37 YEARS,
             NAYANAM HOUSE, KUMILINAGAR
             BY ADV PRABISHA T.P.

             R1 & R2 BY SRI SANTHOSH PETER-SR PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.M.C.No. 2716 of 2021

                                    3



                  R. NARAYANA PISHARADI, J
        ----------------------------------------------------
                   Crl.M.C.No. 2716 of 2021
       -----------------------------------------------------
                  Dated this the 11th day of June, 2021


                              ORDER

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

the proceedings against the petitioners in the case

C.C.No.2731/2016 on the file of the Court of the Judicial First Class

Magistrate-II, Nedumangad.

2. The petitioners are accused 1 to 3 in the aforesaid case.

The offences allegedly committed by them are punishable under

Sections 498A and 354 read with 34 of the IPC. The third and the

fourth respondents are the victims of the offences allegedly

committed by the petitioners.

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

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

against the petitioners in the case may be quashed.

4. Heard the learned counsel for the petitioners and

respondents 3 and 4 and also the learned Public Prosecutor. Crl.M.C.No. 2716 of 2021

5. Learned counsel for the third and the fourth respondents

submitted that they have got no objection to quash the

proceedings against the petitioners.

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

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

the dispute between them and the petitioners has been settled and

that they are not interested to continue the proceedings against

the petitioners. I am satisfied that the settlement arrived at

between the parties is genuine. The dispute between the parties

is purely private in nature. In these circumstances, in order to

secure the ends of justice, the power of this Court under Section

482 Cr.P.C can be invoked to quash the proceedings against the

petitioners in the case.

7. Consequently, the petition is allowed. The entire

proceedings against the petitioners in the case C.C.No.2731/2016

on the file of the Court of the Judicial First Class Magistrate-II,

Nedumangad, arising out of Crime No.1248/2016 of the

Nedumangad Police Station, are hereby quashed.

Sd/-R. NARAYANA PISHARADI JUDGE lsn Crl.M.C.No. 2716 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

ANNEXURE-A1: COPY OF THE FINAL REPORT IN CRIME NO.1248/2016

OF NEDUMANGAD POLICE STATION.

ANNEXURE-A2: COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT.

ANNEXURE-A3: COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT.

ANNEXURE-A4: COPY OF THE AFFIDAVIT OF THE 5TH RESPONDENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN