Siddique Kumbalakuzhiyan vs The State Of Kerala
2021 Latest Caselaw 21461 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE M.R.ANITHA
 FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                    CRL.MC NO. 4094 OF 2021
 CRIME NO.214/2019 OF Edavanna Police Station, Malappuram
   AGAINST THE ORDER/JUDGMENT IN CC 365/2019 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS-I,MANJERI, MALAPPURAM


PETITIONERS/ACCUSED:

    1      SIDDIQUE KUMBALAKUZHIYAN,
           AGED 31 YEARS
           S/O. MOIDEEN,
           PALAKKAPARAMBU HOUSE,
           CHIRAYIL P.O., MALAPPURAM DISTRICT.

    2      NAFEESA,
           AGED 60 YEARS
           W/O. MOIDEEN,
           PALAKKAPARAMBU HOUSE,
           CHIRAYIL P.O., MALAPPURAM DISTRICT.

    3      MOIDEEN,
           AGED 69 YEARS
           S/O. MUHAMMED,
           PALAKKAPARAMBU HOUSE,
           CHIRAYIL P.O., MALAPPURAM DISTRICT.

           BY ADV K.RAKESH


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1      THE STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM-682031.

    2      THE STATION HOUSE OFFICER,
           EDAVANNA POLICE STATIN,
           MALAPPURAM DISTRICT-676541.
 CRL.M.C.NO.4094 OF 2021
                                    -2-



    3          BINU SIBILA K.,
               AGED 21 YEARS
               D/O. MUHAMMED, KURUKKAN HOUSE,
               MUNDENGARA, EDAVANNA,
               MALAPPURAM DISTRICT-676541.

               BY ADV K.S.PRAVEEN

               BY ADV.RENJIT GEORGE, PUBLIC PROSECUTOR


        THIS     CRIMINAL   MISC.     CASE   HAVING   COME   UP   FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 CRL.M.C.NO.4094 OF 2021
                               -3-




                             ORDER

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

proceedings against the petitioners in C.C.No.365/2019 on the

file of the Chief Judicial Magistrate Court, Manjeri, which arose

out of crime No.214/2019 of Edavanna police station. The

petitioners are accused in the crime, which has been registered

for the offences punishable under Sections 498A, 406 read with

Section 34 IPC.

2. The first petitioner is the husband of the third

respondent defacto complainant and second and third petitioners

are his parents.

3. Annexure A is the copy of the final report. Annexure B

is the copy of the affidavit sworn in by the third respondent. The

entire matrimonial issues between the petitioners and the defacto

complainant have been amicably settled out of court. She has no

objection in quashing the FIR and all further proceedings against

the petitioners in Crime No.214/2019 of Edavanna police station.

4. Adv.K.S.Praveen appeared on behalf of the defacto

complainant and reports about the settlement arrived at between CRL.M.C.NO.4094 OF 2021

them.

5. The learned Public Prosecutor produced copy of the

report of the SHO along with copy of the signed statement of the

defacto complainant.

6. It has come out from the affidavit sworn in by the

defacto complainant as well as the statement given to the SHO

that the matrimonial issues between the defacto complainant and

the petitioners have been settled out of court. The defacto

complainant and the first petitioner decided to separate. She do

not want to prosecute further against the petitioners in the above

crime. The entire issues between the parties are purely private in

nature. No public interest is involved.

7. Since the entire matrimonial issues between the

defacto complainant and the petitioners have been amicably

settled out of court, continuation of the proceedings against the

petitioners would be an abuse of process of court. So, I do not

find any impediment in quashing the further proceedings pending

against the petitioners.

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

proceedings against the petitioners in C.C.No.365/2019 on the CRL.M.C.NO.4094 OF 2021

file of the Chief Judicial Magistrate Court, Manjeri, which arose

out of crime No.214/2019 of Edavanna police station, is hereby

quashed.

Sd/-

M.R.ANITHA JUDGE nkr CRL.M.C.NO.4094 OF 2021

APPENDIX OF CRL.MC 4094/2021

PETITIONER ANNEXURE

Annexure A TRUE COPY OF THE FINAL REPORT IN CRIME NO.214/2019 OF THE EDAVANNA POLICE STATION.

Annexure B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 31/08/2021.