Mohammed Rasi vs State Of Kerala
2022 Latest Caselaw 4536 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                      CRL.MC NO. 2302 OF 2022
   AGAINST THE ORDER/JUDGMENT IN CC.NO.161/2020 OF JFCM COURT,
   NILAMBUR IN CRIME NO.48/2020 OF VAZHIKADAVU POLICE STATION,
                            MALAPPURAM
PETITIONER/ACCUSED:

    1     MOHAMMED RASI M.P, AGED 31 YEARS,
          S/O NASARUDHEEN, RASI MANSIL HOUSE, KIZHAKKE
          CHATHALLUR, EDAVANNA,
          MALAPPURAM DISTRICT 676541- 676541
    2     SHAJAHAN, AGED 47 YEARS
          S/O ISMAYIL,
          THOTTUMPURAM HOUSE,KIZHAKKE CHATHALLUR,
          EDAVANNA, MALAPPURAM DISTRICT - 676541
    3     MANSITHA, AGED 38 YEARS
          W/O SHAJAHAN,
          THOTTUMPURAM HOUSE,KIZHAKKE CHATHALLUR,
          EDAVANNA, MALAPPURAM DISTRICT - 676541
          BY ADV P.SAMSUDIN


RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

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

          (CRIME NO. 48/2020 OF VAZHIKADAVU POLICE STATION IN
          MALAPPURAM DISTRICT)
    2     RAJEENA P., AGED 34 YEARS
          RAJEENA P., D/O ALAVI,
          PARATTY HOUSE, THANNIKKADAVU, KUNNUMMALPOTTY P.O.,
          VAZHIKADAVU, MALAPPURAM DISTRICT- 679331
          BY ADVS.
          SRI.M.P.PRASANTH PP
          M.ANUROOP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2302 OF 2022
                                 2

                               ORDER

The petitioners are the accused in Crime

No.48/2020 of Vazhikkadavu Police Station and the

offences alleged against the petitioners are under

Sections 498(A)r/w 34 of the Indian Penal Code. The

petitioners moved this Court seeking to quash all

further proceedings in Crime No.48/2020 of

Vazhikadavu Police Station in Malappuram District,

pending as C.C.161/2020 of the Judicial First Class

Magistrate Court, Nilambur.

2. The allegation is that on 27.05.2019, the 1st

accused married the defacto complainant and had been

residing with in the house of the 2nd and 3rd accused,

who are the uncle and aunt of the 1st accused. From

day one the accused persons mentally harassed the

defacto complainant, by saying that the gold

ornaments given from the family of the defacto

complainant was not sufficient and she should leave

the relationship with the 1st accused and also the 2nd

and 3rd accused compelled the 1st accused to abandon CRL.MC NO. 2302 OF 2022

the complainant and thereby committed the aforesaid

offences.

3. Heard the learned counsel for the

petitioners, the learned Public Prosecutor as well as

the learned counsel for 2nd respondent.

4. It is submitted by respective counsel that the

petitioners and the 2nd respondent have arrived at an

amicable settlement and Annexure A3 is the affidavit

filed. The affidavit, inter alia, state that all the

disputes are settled and that the pendency of

criminal proceeding would cause hardship to all the

parties.

5. From the submission across the Bar and

perusing the criminal M.C. and the affidavit referred

above, I am satisfied that there has been an amicable

settlement and that there is no vitiating

circumstances in the respondent filing the affidavit.

No purpose will be served by continuing the

proceedings in the above circumstances. It is

submitted by the learned Public Prosecutor that the

statement of the de facto complainant has also been CRL.MC NO. 2302 OF 2022

taken to verify the genuineness of the settlement.

6. In view of the judgment of the Hon'ble Supreme

Court in Gian Singh v. State of Punjab and another

[2012 (10) SCC 303] and considering the facts and

circumstances of the case and in exercise of power of

this Court under Section 482 of the Code of Criminal

Procedure, I hereby quash Annexure A1 FIR and

Annexure A2 final report in Crime No.48/2020 of

Vazhikadavu Police Station in Malappuram District,

pending as C.C.161/2020 of the Judicial First Class

Magistrate Court, Nilambur against these petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE MSP CRL.MC NO. 2302 OF 2022

APPENDIX OF CRL.MC 2302/2022

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF FIR IN CR. NO. 48/2020 OF VAZHIKKADAVU POLICE STATION Annexure A2 TRUE COPY OF FINAL REPORT IN CR. NO. 48/2020 OF VAZHIKKADAVU POLICE STATION Annexure A3 AFFIDAVIT DT. 03-02-2022 SWORN IN BY THE 2ND RESPONDENT.