Shanavas vs Tuesday
2021 Latest Caselaw 10697 Ker

Crl.MC.No.5490 OF 2020(E)           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MRS. JUSTICE SHIRCY V.

    TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                   Crl.MC.No.5490 OF 2020(E)

AGAINST THE ORDER/JUDGMENT IN CC 873/2015 OF JUDICIAL MAGISTRATE
               OF FIRST CLASS -II,PERINTHALMANNA

   CRIME NO.553/2015 OF Melattur Police Station , Malappuram


PETITIONERS/ACCUSED NOS.1 TO 3:

      1      SHANAVAS
             AGED 47 YEARS
             S/O. LATE MOIDU, CHAKKAPPATH PARAKKAL HOUSE,
             KARYAVATTAM, VETTATHUR, POST MANNARMALA, MALAPPURAM
             DISTRICT,PIN-679 325

      2      SAINABA
             AGED 68 YEARS
             W/O. LATE MOIDU, CHAKKAPPATH PARAKKAL HOUSE,
             KARYVATTAM, VETTATHUR, POST MANNARMALA, MALAPPURAM
             DISTRICT,PIN-679 325

      3      SAJITHA
             AGED 43 YEARS
             W/O. SAKEER HUSSAIN, KOORIYADAN HOUSE, MANKADA, P.O
             KOOTTIL, MALAPPURAM DISTRICT,PIN-679 324

             BY ADVS.
             SRI.K.M.SATHYANATHA MENON
             SMT.KAVERY S THAMPI

RESPONDENTS/DEFACTO COMPLAINANT AND STATE

      1      NUSRATHUL SABEEBA
             AGED 38 YEARS
             D/O. ALAVI,UPPERITHODY HOUSE,
             KAKKOOTH,PERINTHALMANNA, MALAPPURAM DISTRICT,PIN-
             679 322

      2      THE SUB INSPECTOR OF POLICE,
             MELATHUR POLICE STATION, MALAPPURAM DISTRCT-679 326

      3      STATE OF KERALA
 Crl.MC.No.5490 OF 2020(E)         2

             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM,KOCHI-682 031

             R1 BY ADV. JIKKU SEBAN GEORGE

OTHER PRESENT:

             PP AJITH MURALI

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5490 OF 2020(E)             3




                                      ORDER

Petition under Section 482 of the Code of

Criminal Procedure.

2. The petitioners are the accused in

Crime No. 553 of 2015 of Melattur Police Station

registered for the offences punishable under

Section 323, 341, 406, 498A, 506(2) read with

Section 34 of Indian Penal Code, now pending as

C.C. No. 873 of 2015 on the file of the Judicial

First Class Magistrate-II, Perinthalmanna.

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 Annexure B final report in

C.C.NO.873 of 2015.

5. Learned counsel appearing for the 1st

respondent/defacto complainant has submitted that

she has absolutely no grievance or complaints

against the petitioners. Annexure D, 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 B final

report in C.C. No. 873 of 2015 on the file of the

Judicial First Class Magistrate-II, Perinthalmanna

arising from Crime No.553 of 2015 of Melattur

Police Station, will stand quashed as prayed for.

Sd/-

SHIRCY V

JUDGE

smm

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.553/2015 OF MELATTUR POLICE STATION

ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT UNDER SECTION 173 OF CR.P.C BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA DATED 5.10.2015 FILED IN CR NO.553/2015 OF MELATTUR POLICE STATION

ANNEXURE-C TRUE COPY OF THE AGREEMENT DATED 14.10.2020 ENTERED BETWEEN THE PETITIONERS AND 1ST RESPONDENT

ANNEXURE-D AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 29.11.2020