Kerala High Court
Crime No.159/2019 Of Cheemeni ... vs By Advs on 18 March, 2021
Crl.MC.No.1116 OF 2021(H) 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.1116 OF 2021(H)
AGAINST THE ORDER/JUDGMENT IN CC 923/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,HOSDRUG
CRIME NO.159/2019 OF Cheemeni Police Station , Kasargod
PETITIONERS/ACCUSED
1 RASHID H.A.
AGED 28 YEARS
S/O. AYYUB H.A, HATOOR HOUSE, PERONGOME, NOW
RESIDING AT THATTUMMAL, VAYAKKARA, KASARGOD
DISTRICT.
2 AYYUB H.A,
AGED 49 YEARS
S/O. ABU, HATOOR HOUSE, PERONGOME, NOW RESIDING AT
THATTUMMAL, VAYAKKARA, KASARGOD DISTRICT.
3 SAKEENA K,
AGED 45 YEARS
W/O. AYUUB, HATOOR HOUSE, PERONGOME, NOW RESIDING
AT THATTUMMAL, VAYAKKARA, KASARGOD DISTRICT.
BY ADVS.
SRI.ABDUL RAOOF PALLIPATH
SRI.K.R.AVINASH (KUNNATH)
RESPONDENTS/STATE AND COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
CHEEMENI POLICE STATION, THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682031
2 ANEESA.P
AGED 21 YEARS, D/O. AHAMED,
CHEMBRAKANAM THACHARNAPOYIL PARAMBATH
HOSDURG TALUK, THIMRI VILLAGE,
KASARAGOD-671313
R2 BY ADV. C.H.ABDUL RASAC
Crl.MC.No.1116 OF 2021(H) 2
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.1116 OF 2021(H) 3
ORDER
Dated this the 18th day of March 2021
Petition under Section 482 of the Code of Criminal
Procedure.
2. The petitioners are the accused in C.C.No.923 of 2019
on the file of Judicial First Class Magistrate -I, Hosdurg registered for
the offences punishable under Sections 341,323, 294(b), 506 read
with Section 34 of Indian Penal Code arising out of Crime No. 159 of
2019 of Cheemeni Police Station.
3. Heard both sides and perused the records.
4. The learned counsel for the petitioners submitted that
the case has been instituted by the defacto complainant on some
misunderstanding and now the parties have resolved their entire
dispute among themselves and as such there is no subsisting dispute
between them. Therefore, this petition to quash the entire proceedings
in C.C.No.923 of 2019.
5. Learned counsel appearing for the 2 nd respondent has
submitted that she has absolutely no grievance or complaints against
the petitioners. Annexure 2 is the affidavit sworn to by her in support
of the submission of the petitioners. The affidavit further 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. It is also
submitted that as the dispute has been amicably settled, the
possibility of conviction is remote and bleak and therefore, no useful
purpose would be served in proceeding with the case.
7. On hearing the submissions of all concerned and on
perusal of the records as well on consideration of 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.
For the foregoing reasons, the entire proceedings in C.C.
No.923 of 2019 on the file of the Judicial First Class Magistrate-I,
Hosdurg arising from Crime No.159 of 2019 of Cheemeni Police
Station will stand quashed as prayed for.
Sd/-
SHIRCY V.
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT WITH FIR IN
CRIME NO. 159/2019 OF CHEEMENI POLICE
STATION, KASARGOD DISTRICT
ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 9-2-2021
