Kerala High Court
Shameer vs Faseena 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. 4974 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 249/2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS I ,ALATHUR
PETITIONER/ACCUSED:
SHAMEER
AGED 40 YEARS
S/O RASAK,
MELEPARAKUNDIL, KARAYAMKAD, VADAKKANCHERRY,
ALATHUR, PALAKKAD.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
1 FASEENA
AGED 24 YEARS
D/O YOUSAF, THAKKEPOTTA, THUPINKAD, PUDUKODE,
ALATHUR, PALAKKAD-678687.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
BY ADV UNNI SEBASTIAN KAPPEN
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.4974 of 2021
2
ORDER
This Crl.M.C. has been filed seeking to quash the entire
further proceedings in C.C.No.249/2021 on the file of the Judicial
First Class Magistrate Court I, Alathur, arising out of crime
No.167/2021 of Vadakkenchery Police Station, which is
registered for the offences punishable u/s.341, 324 and 326 IPC.
2. Petitioner is the sole accused in the above crime. First
respondent is the defacto complainant. The allegation against
the petitioner is that on 31.12.2021 at about 17.45 hours, the
accused, the husband of the defacto complainant attacked her
with an iron rod and caused fracture to her left hand wrist,
thereby committed the offences aforementioned.
3. Annexure A is the copy of Final Report. Annexure B is
the affidavit duly sworn in by the first respondent - defacto
complainant stating about the settlement of the dispute.
4. Adv.Sri. Unni Sebastian Kappen appeared on behalf of
the 1st respondent - defacto complainant and reported about the
settlement arrived at between the parties.
Crl.M.C.No.4974 of 2021
5. Learned Public Prosecutor produced copy of the report
of the SHO, Vadakkenchery Police Station along with the copy of
signed statement of the defacto complainant.
6. It has come out from Annexure B affidavit duly sworn
in by the defacto complainant as well as the report of the SHO
that the entire issues between the petitioner and the defacto
complainant have been amicably settled and she is now living
happily with the petitioner - husband and children and she has
filed a petition to withdraw the case and she voluntarily decided
to withdraw the case. Petitioner, who is none other than the
husband of the defacto complainant.
7. Since the parties have amicably settled the entire
matrimonial issues, there is no impediment in quashing the
proceedings against the petitioners and further continuance of
the proceedings against him will be an abuse of process of law.
Continuation of the proceedings would definitely cause
hindrance to the peaceful marital life of the petitioner as well as
the defacto complainant. 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
in C.C.No.249/2021 on the file of the Judicial First Class
Crl.M.C.No.4974 of 2021
Magistrate Court I, Alathur, arising out of crime No.167/2021 of
Vadakkenchery Police Station. It is ordered accordingly.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.No.4974 of 2021
APPENDIX OF CRL.MC 4974/2021
PETITIONER ANNEXURE
Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CC NO.249/2021
OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-1,
ALATHUR.
Annexure B THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN
EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.
