Kerala High Court
Suhaib vs Nil on 14 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943
Crl.MC.No.5889 OF 2020(E)
AGAINST THE ORDER/JUDGMENT IN CC 677/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
CRIME NO.741/2019 OF Chalakkudy Police Station , Thrissur
PETITIONERS/accused 1-3:
1 SUHAIB,
AGED 43 YEARS
S/O. AHAMMU, KATTUPARAMBIL HOUSE, KAIPAMANGALAM
P.O. THRISSUR DISTRICT 680 681.
2 SHEHANA SUHAIB @ SHANI,
AGED 29 YEARS
S/O. SUHAIB,
KATTUPARAMBIL HOUSE, KAIPAMANGALAM P.O. THRISSUR
DISTRICT 680 681.
3 SHEJEENA,
AGED 20 YEARS
D/O. SHEREEF,
PUTHENVEETTIL HOUSE, PANJAMPILLY, KAIPAMANGALAM
P.O. THRISSUR DISTRICT 680 681.
BY ADV. SHRI.ARUN JAGADISH K.
RESPONDENTS/STATE & COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, 682 031.
2
Crl.M.C. 5889 of 2020
2 THE STATION HOUSE OFFICER
CHALAKKUDY POLICE STATION, CHALAKKUDY P.O.
THRISSUR DISTRICT 680 307.
3 SUBAIDA
W/O. SYED MUHAMMED, KUZHIMANNIL HOUSE, ALAVI
CENTRE DESOM, POTTA P.O. CHALAKKUDY 680 722.
R3 BY ADV. BINOY VASUDEVAN
OTHER PRESENT:
P.P.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
Crl.M.C. 5889 of 2020
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.5889 of 2020
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Dated this the 14th day of May, 2021
ORDER
The petitioners are accused in C.C. No.677/2020 on the
file of the Judicial First Class Magistrate Court, Chalakkudy. The
above case is chargesheeted against the petitioners alleging
offences punishable under Sections 341, 323, 354-B, 506 r/w
Section 34 of IPC.
2. When this matter came up for consideration, the
learned counsel for the petitioners submitted that the entire
disputes between the petitioners and the defacto complainant in
this case are settled out of court. The counsel submitted that it
is a case arises from a matrimonial dispute between the defacto
complainant and the first petitioner husband. A counsel
Crl.M.C. 5889 of 2020
appeared for the defacto complainant. The counsel also
submitted that the matter is settled and the third respondent
has no intention to prosecute the above case. The Public
Prosecutor also submitted that the settlement reported is
genuine. In the light of the above facts, there is no purpose in
continuing this criminal prosecution against the petitioners.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavit
filed by the respondent No.3 the contents of which are
submitted to be true and voluntary, I am satisfied that the
matter has been amicably settled and that no public interest is
involved in this matter. Moreover, in view of the settlement
arrived at between the parties, there is no possibility of the
criminal proceedings ending in conviction. As such, continuance
of the proceedings will amount to an abuse of process of court
and hence, in view of the legal position set out by the
Honourable Supreme Court in Madan Mohan Abbot v. State
of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of
Crl.M.C. 5889 of 2020
Punjab and another [(2012) 10 SCC 303], there is no
impediment in granting the relief.
Hence, this Crl.M.C. is allowed. All further proceedings in
C.C.No.677/2020 on the file of the Judicial First Class
Magistrate Court, Chalakkudy are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
al/-
Crl.M.C. 5889 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.
741/2019 OF CHALAKKUDY POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPROT IN C.C.
NO. 677/2020.
ANNEXURE C ORIGINAL OF THE AFFIDAVIT PREFERRED BY THE
3RD RESPONDENT.
RESPONDENTS EXHIBITS : NIL.
TRUE COPY
P.S TO JUDGE
al/-
Crl.M.C. 5889 of 2020
