Kerala High Court
Anwar vs State Of Kerala on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
CRL.MC NO. 937 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 952/2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,VATAKARA
PETITIONERS/ACCUSED:
1 ANWAR
AGED 33 YEARS
S/O. ABUBAKER, PALLIVAYALIL, SHAMSEERA MANZIL (H), NADAPURAM
BEACH ROAD, MADAPPALLI COLLEGE P.O, KOZHIKODE.
2 KUNJALEEMA,W/O. ABUBAKER,
AGED 51 YEARS
PALLIVAYALIL, SHAMSEERA MANZIL (H), NADAPURAM BEACH ROAD,
MADAPPALLI COLLEGE P.O, KOZHIKODE.
3 SHAMSEERA,
AGED 35 YEARS
W/O. NOUFAL, PALLIVAYALIL, SHAMSEERA MANZIL (H), NADAPURAM BEACH
ROAD, MADAPPALLI COLLEGE P.O, KOZHIKODE.
BY ADV K.REEHA KHADER
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, COCHIN 682 031, (INVESTIGATING OFFICER IN CRIME NO.
185/19 OF CHOMBALA POLICE STATION, KOZHIKODE DISTRICT).
2 ARSHINA
AGED 25 YEARS, D/O.MAJEED, UTHIRUPARAMBIL (H), MELADI AMSOM
DESOM, KOYILANDY TALUK, KOZHIKODE, PIN-673 305
BY ADV MOHAMMED ASLAM P.S
OTHER PRESENT:
PP SANGEETHARAJ.NR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.937 of 2021 2
ORDER
This Crl.M.C. has been filed seeking to quash the entire
further proceedings in C.C.No.952/2019 on the file of the Judicial
First Class Magistrate Court, Vatakara, arising out of crime
No.185/2019 of Chombala Police Station, which is registered for
the offences punishable u/s.498A, 406 r/w. 34 IPC.
2. Petitioners are the accused persons in the above crime.
Second respondent is the defacto complainant, who is none other
than the wife of the 1st petitioner. It is submitted by the learned
counsel for the petitioners that the entire matrimonial issues
between the petitioners and the 2nd respondent - defacto
complainant have been amicably settled out of court. Annexure
A1 is the copy of Final Report. Annexure A2 is the affidavit duly
sworn in by the defacto complainant.
3. Adv. Sri. Mohammed Aslam P.S. appeared on behalf of
2nd respondent - defacto complainant and reported about the
settlement arrived at between the parties.
4. Learned Public Prosecutor produced copy of the
statement of the SHO along with copy of the signed statement of
2nd respondent - defacto complainant.
5. It has come out from the affidavit as well as the signed
statement of the defacto complainant that the entire matrimonial
issues between the petitioners and the defacto complainant have
been settled out of court and she does not intend to continue the
proceedings against the petitioners.
6. Since the parties have amicably settled the entire
issues, there is no impediment in quashing the proceedings
against the petitioners and further continuance of the
proceedings against them will be an abuse of process of law. No
public interest is involved and the issue is purely personal in
nature. Therefore, I am of the view that it is only just and proper
to quash the entire proceedings in C.C.No.952/2019 on the file of
the Judicial First Class Magistrate Court, Vatakara, arising out of
crime No.185/2019 of Chombala Police Station. It is ordered
accordingly.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
APPENDIX OF CRL.MC 937/2021
PETITIONER ANNEXURE
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.
185/2019 OF CHOMBALA POLICE STATION, KOZHIKODE
DISTRICT, PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA AS CC 952/2019
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
