Kerala High Court
Saleena [email protected] Sameena 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. 4958 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 596/2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,HOSDRUG
PETITIONERS/ACCUSED:
1 SALEENA [email protected] SAMEENA
AGED 31 YEARS
W/O LATHEEF, KANDATHIL HOUSE, MULLAKKUTHIR, NEAR RAILWAY
STATION, CHERUVATHUR, KASARAGOD DISTRICT.
2 LATHEEF.S,
AGED 57 YEARS
S/O.ABDUL RAHIMAN, KANDATHIL HOUSE, MULLAKKUTHIR,
NEAR RAILWAY STATION, CHARUVATHUR, KASARAGOD DISTRICT.
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
PRAJIT RATNAKARAN
RAJ CAROLIN V.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER, CHANDERA POLICE STATION,
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
682031.
2 SEMEERA .V
D/O SUHARA, RESIDING AT MULLAKUTHIR, CHERUVATHUR.P.O,
KASARGOD-671312.
BY ADV C.H.ABDUL RASAC
OTHER PRESENT:
PP RENJIT GEORGE, SR GP
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.4958 of 2021
2
ORDER
This Crl.M.C. has been filed seeking to quash the entire
further proceedings against the petitioners in C.C.No.596/2021
on the file of the Judicial First Class Magistrate Court-I,
Hosdurg, in crime No.138/2021 of Chandera Police Station,
which is registered for the offences punishable u/s.324 and
294(b) of IPC.
2. It is submitted by the learned counsel for the
petitioners that the entire issues between the petitioners and 2 nd
respondent - defacto complainant have been amicably settled.
Annexure I is the copy of Final Report in the above crime.
Annexure 2 is the affidavit duly sworn in by the second
respondent - defacto complainant stating about the settlement of
the dispute.
3. Adv.Sri. C.H.Abdul Rasak appeared on behalf of the
2nd respondent - defacto complainant and reported about the
settlement arrived at between the parties.
4. Learned Public Prosecutor produced copy of the report
of the SHO along with copy of the signed statement of the
Crl.M.C.No.4958 of 2021
defacto complainant.
5. It has come out from the report of the SHO as well as
the signed statement of the defacto complainant that the parties
have settled the entire issues. Annexure 2 affidavit duly sworn in
by the defacto complainant would specifically state that she has
no surviving grievance against the petitioners and she do not
want to pursue the matter further.
6. Since the parties have 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.596/2021 on the file of the Judicial First
Class Magistrate Court-I, Hosdurg, in crime No.138/2021 of
Chandera Police Station. It is ordered accordingly.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.No.4958 of 2021
APPENDIX OF CRL.MC 4958/2021
PETITIONER ANNEXURE
Annexure 1 TRUE COPY OF THE FINAL REPORT WITH FIR IN CRIME
NO.138/2021 OF CHANDERA POLICE STATION,KASARAGODE
DISTRICT.
Annexure 2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 7.10.2021.
