Mohammed Shafeer vs Safanath
2021 Latest Caselaw 9776 Ker

Crl.M.C.5457/2020
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MRS. JUSTICE SHIRCY V.

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                      Crl.MC.No.5457 OF 2020(B)

 CC 683/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM

     CRIME NO.832/2012 OF Vadakkekad Police Station, Thrissur


PETITIONERS/ACCUSED:

       1       MOHAMMED SHAFEER, AGED 37 YEARS
               S/O.ALIKUTTY HAJI, VETTANJEERI HOUSE, AVIYUR DESOM,
               AVIYUR P.O., PUNNAYUR AMSOM, CHAVAKKAD TALUK,
               THRISSUR DISTRICT, PIN-680518.

       2       FATHIMA, AGED 63 YEARS
               W/O.ALIKUTTY HAJI, VETTANJEERI HOUSE, AVIYUR DESOM,
               AVIYUR P.O., PUNNAYUR AMSOM, CHAVAKKAD TALUK,
               THRISSUR DISTRICT, PIN-680518.

       3       BENSIYA, AGED 40 YEARS
               D/O.ALIKUTTY HAJI AND W/O. MAJEED, VETTANJEERI
               HOUSE, AVIYUR DESOM, AVIYUR P.O., PUNNAYUR AMSOM,
               CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680518.

       4       RAFIYA, AGED 32 YEARS
               D/O.ALIKUTTY HAJI AND W/O.NOORUDHEEN, VETTANJEERI
               HOUSE, AVIYUR DESOM, AVIYUR P.O., PUNNAYUR AMSOM,
               CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680518.

               BY ADV. SRI.V.BINOY RAM

RESPONDENTS/DEFACTO COMPLAINANT/COMPLAINANT:

       1       SAFANATH, AGED 27 YEARS
               D/O. SAIDU MOHAMMED, AMBALATH VEETTIL, THAMARAYUR
               DESOM, PERAKAM AMSOM, CHAVAKKAD TALUK, THRISSUR
               DISTRICT, PIN-680518.

       2       STATE OF KERALA,
               REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM, PIN-682031.

               R1 BY ADV. SRI.P.PREMARAJAN
 Crl.M.C.5457/2020
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OTHER PRESENT:

               C.N.PRABHAKARAN- SR.P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.5457/2020
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                                  ORDER

Dated this the 23rd day of March 2021

Petition under Section 482 of the Code of

Criminal Procedure.

2. The petitioners are the accused in

Crime No. 832 of 2012 of Vadakekad Police Station

registered for the offences punishable under

Sections 406, 498A, 420, 323 read with 34 of Indian

Penal Code, now pending as C.C. No. 683 of 2013 on

the file of the Judicial First Class Magistrate,

Kunnamkulam.

3. Heard both sides and perused the

records.

4. It is submitted by the learned counsel

for the petitioners that the parties have resolved

the entire dispute among themselves and there is no

subsisting dispute between them. Therefore, this Crl.M.C.5457/2020

petition to quash the private complaint and the

final report.

5. Learned counsel appearing for the 1 st

respondent/defacto complainant has submitted that

she has absolutely no grievance or complaint

against the petitioners. Annexure 5, 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

petitioners. Moreover, no public interest is

involved in the case and there is no legal Crl.M.C.5457/2020

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 1

private complaint and Annexure 3 final report in

Crime No.832 of 2012 of Vadakekad Police Station

now pending as C.C. No. 683 of 2013 on the file of

the Judicial First Class Magistrate, Kunnamkulam,

will stand quashed as prayed for.

Sd/-

SHIRCY V.

JUDGE

sb Crl.M.C.5457/2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE PRIVATE COMPLAINT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM.

ANNEXURE 2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 9.11.2012 IN CR.NO.832/2012 OF VADAKEKAD POLICE STATION.

ANNEXURE 3 CERTIFIED COPY OF THE FINAL REPORT DATED 21.2.2013 IN CR.NO.832/2012 OF VADAKEKAD POLICE STATION.

ANNEXURE 4 TRUE COPY OF THE COMMON JUDGMENT IN MAT.A.1183/2017 AND MAT.A.1192/2017 OF THIS HON'BLE COURT DATED 8.1.2020 ALONG WITH MEMORANDUM OF AGREEMENT.

ANNEXURE 5 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 5.11.2020.