Crime No.898/2014 Of Feroke ... vs By Adv. Sri.M.Anuroop
2021 Latest Caselaw 9128 Ker

Crl.MC.No.813 OF 2021(B)      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.813 OF 2021(B)

AGAINST THE ORDER/JUDGMENT IN CC 527/2015 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -V,KOZHIKODE

     CRIME NO.898/2014 OF Feroke Police Station , Kozhikode


PETITIONER/ACCUSED

             SHABEER
             AGED 33 YEARS
             S/O. UNNIKOYA (LATE) VEMMARATH,PANAMKULANGARA, RUBY
             ROAD, KARUVANTHIRUTHI P.O., FEROKE, KOZHIKODE
             DISTRICT

             BY ADV. SRI.M.ANUROOP

RESPONDENTS/STATE AND DEFACTO COMPLAINANT

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682 031 (CRIME NO.898/2014 OF
             FEROKE POLICE STATION IN KOZHIKODE DISTRICT)

      2      ARIFA,
             AGED 33 YEARS
             D/O. LATE SULAIMAN, KATTEERI MATHILANCHERY,
             NEERANGATTUPURAYI VEEDU, PALLIKKAL BAZAR P.O.-673
             634, KONDOTTY TALUK, MALAPPURAM DISTRICT

             R2 BY ADV. P.SAMSUDIN

OTHER PRESENT:

             SR PP. C.N PRABAKARAN

     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.813 OF 2021(B)      2




                                     ORDER

Petition under Section 482 of the Code

of Criminal Procedure.

2. The petitioner is the accused in Crime

No. 898 of 2014 of Feroke Police Station registered

for the offences punishable under Sections 498A,

406 read with Section 34 of Indian Penal Code, now

pending as C.C. No. 527 of 2015 on the file of the

Judicial First Class Magistrate-V, Kozhikode.

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 A1 FIR, Annexure A2

charge sheet and all further proceedings in

C.C.No.527 of 2015 on the file of Judicial First

Class Magistrate Court V, Kozhikode.

5. Learned counsel appearing for the 2nd

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 petitioners. Therefore, for the purpose of

securing the ends of justice, this Crl.M.C. is only

to be allowed.

For the foregoing reasons, Annexure A1 FIR,

Annexure A2 charge sheet and all further

proceedings in C.C. No. 527 of 2015 on the file of

the Judicial First Class Magistrate-V, Kozhikode

arising from Crime No.898 of 2014 of Feroke

Police Station, will stand quashed as prayed for.

Sd/-

SHIRCY V.

Smm                                              JUDGE


                           APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE-A1            CERTIFIED COPY OF THE FIR IN CRIME

NO.898/2014 OF FEROKE POLICE STATION

ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.898/2014 OF FEROKE POLICE STATION

ANNEXURE-A3 TRUE COPY OF DEATH CERTIFICATE OF THE 2ND ACCUSED

ANNEXURE-A4 THE ORIGINAL AFFIDAVIT DATED 06.02.2021 SWORN IN BY THE 2ND RESPONDENT