Febin.K.F vs Sub Inspector Of Police
2021 Latest Caselaw 9129 Ker

Crl.MC.No.678 OF 2021(D)               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.678 OF 2021(D)

     AGAINST THE ORDER/JUDGMENT IN CC 4558/2020 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD

          CRIME NO.3962/2020 OF Nedumangad Police Station ,
                          Thiruvananthapuram


PETITIONER/ACCUSED NO.1:

               FEBIN.K.F
               AGED 34 YEARS
               S/O.KABIR, PAANAYAM KAVUVILA HOUSE, PULLAMPARA,
               NEDUMANGAD, THIRUVANANTHAPURAM-695 607.

               BY ADV. SRI.V.A.VINOD

RESPONDENTS/COMPLAINANT/STATE AND DEFACTO COMPLAINANT:

      1        SUB INSPECTOR OF POLICE
               NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM-695
               551.

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

      3        SANA A.S.,
               AGED 25 YEARS
               D/O.SAFIYA BEVI, SANA MANZIL, KOKKOTTUKONAM,
               NELLANAD, NEDUMANGAD, THIRUVANANTHAPURAM-695 606.

               R3 BY ADV. SHAKTHI PRAKASH

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.678 OF 2021(D)               2




                                 ORDER

Dated this the 18th day of March 2021

Petition under Section 482 of the Code of Criminal

Procedure.

2. The petitioner is the sole accused in Crime No.3962 of

2020 of Nedumangad Police Station registered for the offences

punishable under Sections 294(b), 323 and 325 of Indian Penal Code,

now pending as C.C. No.4558 of 2020 on the file of the Judicial First

Class Magistrate-II, Nedumangad.

3. Heard both sides and perused the records.

4. The learned counsel for the petitioner submitted that the

case has been instituted by the defacto complainant on some

misunderstanding and now the parties have resolved the minor

difference of opinion among themselves and as such there is no

subsisting dispute or misunderstanding between them. Therefore, this

petition to quash all further proceedings pursuant to Annexure II, final

report.

5. Learned counsel appearing for the third respondent has

submitted that she has absolutely no grievance or complaints against

the petitioner. Annexure III is the affidavit sworn to by her in support

of the submission of the petitioner. 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.

7. 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. 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 petitioner. Therefore, continuance of the case would

remain as a futile exercise. 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. Hence, for the purpose of securing the

ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, all further proceedings in C.C.

No.4558 of 2020 on the file of the Judicial First Class Magistrate,

Nedumangad arising from Crime No.3962 of 2020 of Nedumangad

Police Station, pursuant to Annexure II Final report will stand quashed

as prayed for.

Sd/-

SHIRCY V.

smm                                            JUDGE





PETITIONER'S/S EXHIBITS:

ANNEXURE I           CERTIFIED COPY OF THE FIRST INFORMATION

REPORT IN CRIME NO.3962/20 OF NEDUMANGAD POLICE STATION.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CC NO.4558/2020.

ANNEXURE III AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 18.01.2021.