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2021 Latest Caselaw 20888 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                    CRL.MC NO. 2954 OF 2021
     AGAINST THE ORDER/JUDGMENT IN CC 11/2021 OF JUDICIAL
     MAGISTRATE OF FIRST CLASS -II,THAMARASSERY, KOZHIKODE

PETITIONER/S:

           IFTHIKKAR
           AGED 42 YEARS
           S/O MUHAMMED
           PANANGODAN HOUSE
           CHENNAMANGALLUR, MUKKOM
           KOZHIKODE, PIN 673602

           BY ADV M.R.SASITH



RESPONDENT/S:

      1    BABY JUSNA
           D/O KAMMUKUTTY
           PURAYIL HOUSE, THALAPPERUMANNA DESAM
           KODUVALLI VILLAGE, THAMARASSERY TALUK
           KOZHIKODE - 600052

      2    STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN-682013

      3    THE SUB INSPECTOR
           MUKKOM POLICE STATION,
           KOZHIKODE-673602

           BY. SMT.C.SEENA, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   06.10.2021,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 2954 OF 2021
                             2



                            ORDER

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

proceedings in C.C. No. 11/2021 pending on the files of Judicial

First Class Magistrate-II, Thamarassery, Kozhikode arised out

of Crime No.0729/2020 of Mukkom Police Station registered

under Sections 341, 323 and 324 of the IPC and under Section

75 of the Juvenile Justice (Care and Protection of Children) Act,

2015.

2. Petitioner is the husband of the defacto complainant. It

is alleged that on 28.10.2020 at about 17.00 hrs., when the

daughter and the defacto complainant approached the shop of

the petitioner for the purpose of purchasing some school

articles, the petitioner manhandled the defacto complainant

and the daughter and thereby committed the offence.

3. Annexure-A1 is the copy of the FIR in Crime No.

0729/2020, Annexure-A2 is the copy of the final report in C.C. CRL.MC NO. 2954 OF 2021

No.11/2021 and Annexure-A3 is affidavit duly sworn in by the

1st respondent.

4. Adv. Vidya G Nair, appeared on behalf of the defacto

complainant and report about the settlement arrived in

between the petitioner and the defacto complainant.

5. The learned Public Prosecutor on instructions

submitted that in the signed statement of the defacto

complainant she agrees the averments in the affidavit sworn in

by her. Annexure-A3 affidavit would show that the defacto

complainant settled the matter amicably with the petitioner and

she has no surviving grievance against the petitioner. The

petitioner pronounced thalaq and she accepted it. The

petitioner agreed to maintain the children and hence, she has

no grievance against the petitioner, his father and also brother.

She also stated that she has no objection in quashing the

proceedings against the petitioner. In para No.3 of the

affidavit, she has also stated that her daughter Insha and CRL.MC NO. 2954 OF 2021

herself have no complaint against the petitioner and she is

swearing this affidavit on behalf of the daughter also. In the

said circumstances, it has came out that the parties have

amicably settled the matters against the petitioner and they

have no further grievance against the petitioner. Therefore,

continuation of proceedings against the petitioner is an abuse

of process of court.

6. In the result, the Crl.M.C. is allowed. All further

proceedings pending against the petitioners in C.C. No.

11/2021 on the files of Judicial First Class Magistrate Court-II,

Thamarassery in Crime No. 0729/2020 of Mukkom Police

Station are hereby quashed.

Sd/-

M.R.ANITHA JUDGE avs