N.Abdul Gafoor vs State Of Kerala
2021 Latest Caselaw 22033 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE M.R.ANITHA
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        CRL.MC NO. 2801 OF 2021
 AGAINST THE ORDER/JUDGMENT IN LPC 71/2017 (C.C. NO. 397/2014) OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG, KASARGOD
PETITIONER/ACCUSED NO. 1:

             N.ABDUL GAFOOR
             AGED 52 YEARS
             S/O. IBRAHIMKUTTY HAJI, RESIDING AT RAHIYANATH MANZIL,
             NEAR UDINOOR JUMA MASJID, UDINOOR P.O., HOSDURG TALUK-
             671310.

             BY ADV UNNI. K.K. (EZHUMATTOOR)



RESPONDENTS/RESPONDENTS/COMPLAINANT:

    1        STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGHCOURT OF KERALA,
             FOR STATION HOUSE OFFICER, CHANDERA POLICE STATION,
             KASARAGOD DISTRICT-671121.

    2        E.K. RAHIYANATH,
             D/O. KUNHIMAHIN, AGED 36 YEARS, MALABAR HOUSE,
             MAVILAKADAPURAM, PADANNA, PIN-671312.

             BY ADV V.SUMESH


            PP SRI.SANGEETHARAJ.N.R




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO. 2801 OF 2021
                                        2

                                    ORDER

This Crl.M.C has been filed, by the 1st accused in Crime

No. 850/2013 of Chandera Police Station, seeking to quash the

entire proceedings against the petitioner in C.C. No. 397/2014

on the file of Judicial First Class Magistrate Court-I, Hosdurg,

which is transferred to LPC. No. 71/2017. Subsequently he

surrendered before the Magistrate Court and the case was re-

numbered as C.C. No. 336/2021 on the file of Judicial First

Class Magistrate Court-I (POCSO).

2. The petitioner is the husband of the defacto

complainant. It is alleged that, the petitioner used to physically

and mentally harass the defacto complainant demanding more

dowry and also misappropriated her gold ornaments which were

given by the family of the 2nd respondent as marriage gift and

thereby the accused alleged to have committed the offence

punishable under Sections 498A, 406 r/w 34 of IPC.

3. Adv. V. Sumesh appeared on behalf of the defacto

complainant and he reported about the settlement arrived at

between the parties. Annexure-A1 is the certified copy of FIR Crl.M.C. NO. 2801 OF 2021

with FIS, Annexure-A2 is the certified copy of the final report

and Annexure A3 is the affidavit sworn in by the 2nd respondent.

4. The learned Public Prosecutor produced copy of the

statement of the Station House Officer, Chandera Police Station

along with the copy of the statement of the defacto complainant.

Affidavit and the Statement of the defacto complainant would

reveal that the entire issues between the petitioner and the defacto

complainant have been amicably settled out of court and now they

are living separately. She is not interested to prosecute the matter

further against the petitioner.

5. All disputes between the parties are purely private in

nature and no public interest is involved. It has come out from the

affidavit and also statement of the defacto complainant recorded by

the Station House Officer that the entire issues between the

petitioner and the defacto complainant have been amicably settled

out of court. Since all the issues between the parties have been

amicably settled, the continuation of proceedings against the

petitioner will be an abuse of process of court. In the said

circumstances, the entire further proceedings against the petitioner Crl.M.C. NO. 2801 OF 2021

in Crime No. 850/2013 of Chandera Police Station pending as C.C.

No. 397/2014 on the file of Judicial First Class Magistrate Court-I,

Hosdurg is hereby quashed.

In the result, this Crl.M.C. stands allowed.

SD/-

M.R.ANITHA JUDGE rps/ Crl.M.C. NO. 2801 OF 2021

APPENDIX OF CRL.MC 2801/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF THE FIR WITH FIS IN CRIME NO. 850/2013 OF CHANDERA POLICE STATION.

Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.850/2013 WITH MEMO OF EVIDENCE.

Annexure A3 TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT.