Crime No.795/2019 Of Edathala ... vs By Adv. Syama Mohan
2021 Latest Caselaw 9123 Ker

Crl.MC.No.1344 OF 2021(G)            1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MRS. JUSTICE SHIRCY V.

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                    Crl.MC.No.1344 OF 2021(G)

AGAINST THE ORDER/JUDGMENT IN CC 799/2020 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, ALUVA

    CRIME NO.795/2019 OF Edathala Police Station , Ernakulam


PETITIONER

             MIRSHAD
             AGED 35 YEARS
             S/O ASHRAF, KEEZHUVALIPPARAMBIL, ANTHIKKAD VILLAGE,
             THRISSUR DISTRICT-6806418.

             BY ADV. SYAMA MOHAN

RESPONDENTS/COMPLAINANT AND STATE:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      SUB INSPECTOR OF POLICE
             EDATHALA POLICE STATION,
             ALUVA, ERNAKULAM RURAL, PIN-683561.

      3      SHAMEENA
             AGED 28 YEARS
             D/O SALIM,
             EDAKKATTUSSERY HOUSE, RAJAGIRIVALLY P.O.,
             NILAMPUTHINJIMUGHAL, KANAYANNUR TALUK,
             KAKKANAD, PIN-682039.

             R3 BY ADV. T.M.RAMAN KARTHA

OTHER PRESENT:

             PP. AJITH MURALI

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1344 OF 2021(G)              2




                                 ORDER

Petition under Section 482 of the Code of Criminal

Procedure.

2. The petitioner is the accused in Crime No. 795 of 2019

of Edathala Police Station registered for the offences punishable under

Sections 498A, 506(I) and 323 of Indian Penal Code, now pending as

C.C. No. 799 of 2020 on the file of the Judicial First Class Magistrate-I,

Aluva.

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 A2 final report.

5. Learned counsel appearing for the 3rd

respondent/defacto complainant has submitted that she has absolutely

no grievance or complaint against the petitioner. Annexure A4, 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 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.

For the foregoing reasons, Annexure A2 final report in

Crime No.795 of 2019 of Edathala Police Station, which is now pending

as C.C.No.799 of 2020 on the file of the Judicial First Class Magistrate

Court-I, Aluva will stand quashed as prayed for.

Sd/-

SHIRCY V.

smm                                                   JUDGE



                            APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE-A1          CERTIFIED COPY OF FIR IN CRIME NO.795/2019
                     OF EDATHALA POLICE STATION.

ANNEXURE-A2          CERTIFIED COPY OF FINAL REPORT IN CRIME

NO.795/2019 OF EDATHALA POLICE STATION.

ANNEXURE-A3 TRUE COPY OF COMPROMISE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE DEFACTO COMPLAINANT DATED 9/7/2020.

ANNEXURE-A4 AFFIDAVIT DATED 20.02.2021 SWORN BY THE 3RD RESPONDENT DEFACTO COMPLAINANT.