Shefeek vs State Of Kerala
2021 Latest Caselaw 23420 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA
     THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                           CRL.MC NO. 4671 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CC 1602/2016 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS , SASTHAMCOTTA, KOLLAM
PETITIONER/ACCUSED:

     1      SHEFEEK
            AGED 36 YEARS
            S/O. SALIM RAWTHER, MAVILA PUTHEN VEEDU,
            THEKKEMURI, SOORANAD NORTH VILLAGE,
            KOLLAM DISTRICT-690 522

     2      SUBAIDA
            AGED 56 YEARS
            W/O. SALIM RAWTHER, MAVILA PUTHEN VEEDU,
            THEKKEMURI, SOORANAD NORTH VILLAGE,
            KOLLAM DISTRICT-690 522
            BY ADVS.
            K.SIJU
            ANJANA KANNATH


RESPONDENT/STATE & DEFACTO COMPLAINANT:

     1      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-31

     2      THE STATION HOUSE OFFICER
            SOORANAD POLICE STATION,
            KOLLAM-690 522

     3      REJINA BEEGOM
            AGED 25 YEARS
            D/O. ABDUL RAHMAN KUNJU,
            KEERUVILA KIZHAKKATHIL, PADINJATTEKARA,
            THEVALAKKARA, KARUNAGAPPALLY,
            KOLLAM-690 524

            BY ADV A.MUHAMMED RAFFI
            BY ADV. SANGEETHARAJ N.R, PUBLIC PROSECUTOR



     THIS   CRIMINAL    MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
25.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4671 OF 2021
                                 2


                              ORDER

This Crl.M.C. has been filed seeking to quash the entire

further proceedings in C.C.No.1602/2016 on the file of the Judicial

First Class Magistrate Court, Sasthamcotta, which arose out of

crime No.1783/2016 of Sooranadu police station registered for the

offence punishable under Sections 323, 406, 498A and 34 of the

Indian Penal Code.

2. Petitioners are accused persons in the above crime. The

first petitioner is the husband of the third respondent/defacto

complainant.

3. When the case came up for hearing, it has been

reported by the learned counsel for the petitioners as well as the

learned counsel for the defacto complainant, Sri.A.Muhammed Rafi

that the entire matrimonial issues between the parties have been

settled amicably. Annexure-1 is the copy of the private complaint.

Annexure-2 is the copy of the FIR which was registered in

pursuance of Annexure-1 complaint. Annexure-3 is the copy of the

final report. Annexure-4 is the notary attested affidavit duly sworn

in by the defacto complainant.

CRL.MC NO. 4671 OF 2021

4. The learned Public Prosecutor produced copy of report

of the SHO along with copy of the statement of the defacto

complainant.

5. It has come out from the affidavit as well as the

statement of the defacto complainant given to the SHO that the

parties have amicably settled the entire issues out of court and

presently they are living together. The defacto complainant has no

surviving grievance against the petitioners.

6. Since the entire issues between the parties are purely

private in nature and no public interest is involved and they have

amicably settled the issues, continuance of the proceedings

against the petitioners would be an abuse of process of court.

In the result, Crl.M.C. allowed and all further proceedings

against the petitioners in C.C.No.1602/2016 on the file of the

Judicial First Class Magistrate Court, Sasthamcotta, which arose out

of crime No.1783/2016 of Sooranadu police station, is hereby

quashed.

Sd/-

M.R.ANITHA JUDGE nkr CRL.MC NO. 4671 OF 2021

APPENDIX OF CRL.MC 4671/2021

PETITIONER ANNEXURE

Annexure 1 THE CERTIFIED COPY OF PRIVATE COMPLAINT DATED 9.11.2016

Annexure 2 THE COPY OF FIR IN CRIME NO.1783/2016 OF SOORANAD POLICE STATION DATED 12.11.2016

Annexure 3 THE CERTIFIED COPY OF FINAL REPORT IN CRIME 1783/2016 OF SOORANAD POLICE STATION DATED 13.12.2016

Annexure 4 THE AFFIDAVIT REGARDING SETTLEMENT SWORN BY THE 3RD RESPONDENT ON 16.09.2021