Shakeer vs State Of Kerala
2021 Latest Caselaw 10773 Ker

             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.1353 OF 2021(H)

 AGAINST THE ORDER/JUDGMENT IN CC 905/2013 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS, VARKALA

 CRIME NO.506/2013 OF Varkala Police Station, Thiruvananthapuram


PETITIONER/ACCUSED:

             SHAKEER
             AGED 37 YEARS
             S/O DIRAR, CHITHALANVILA PALAVILA HOUSE, VETTOOR,
             VARKALA P.O., THIRUVANANTHAPURAM, PIN-695 141.

             BY ADV. SRI.K.P.SUJESH KUMAR

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

      2      SAMEERA
             D/O SALEENA, AGED 31 YEARS, CHITTILAKKADU PUTHANVEEDU
             HOUSE, VETTOOR DESOM, VETTOOR VILLAGE, VARKALA,
             THIRUVANANTHAPURAM, PIN-695 141.

             R2 BY ADV. K.G.VIDHUMOHAN
             SR.PP. C.N PRABAKARAN

     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.1353 OF 2021(H)

                                      2




                                   ORDER

Dated this the 30th day of March 2021

Petition under Section 482 of the Code of

Criminal Procedure.

2. The petitioner is the accused in

Crime No. 506 of 2013 of Varkala Police Station

registered for the offences punishable under

Sections 498A and 494 of Indian Penal Code, now

pending as C.C. No. 905 of 2013 on the file of

the Judicial First Class Magistrate Court-I,

Varkala.

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. Crl.MC.No.1353 OF 2021(H)

Therefore, this petition to quash Annexure A2

charge sheet.

5. Learned counsel appearing for the 2 nd

respondent/defacto complainant has submitted that

she has absolutely no grievance or complaints

against the petitioner. Annexure A3, 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

petitioner. Moreover, no public interest is Crl.MC.No.1353 OF 2021(H)

involved in the case and there is no legal

impediment in granting the prayer as sought for

by the petitioner. 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 A2

charge sheet and all further proceedings in C.C.

No. 905 of 2013 on the file of the Judicial First

Class Magistrate Court-I, Varkala arising from

Crime No.506 of 2013 of Varkala Police Station,

will stand quashed as prayed for.

Sd/-

SHIRCY V.

JUDGE mpm Crl.MC.No.1353 OF 2021(H)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 506/2013 OF VARKALA POLICE STATION, DATED 1.7.2013

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CC NO 905/2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA

ANNEXURE A3 NOTARISED AFFIDAVIT SWORN BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT, DATED 5.10.2020