Muhammed Kabir vs State Of Kerala
2023 Latest Caselaw 5363 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                        CRL.MC NO. 789 OF 2023
 AGAINST THE ORDER/JUDGMENT IN CC 474/2021 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS, AMBALAPUZHA
PETITIONER:

          MUHAMMED KABIR
          AGED 36 YEARS
          S/O ABDUL KHADER, PALLIVELI HOUSE,
          PUNNAPRA SOUTH PANCHAYATH, AMBALAPPUZHA,
          ALAPPUZHA, PIN - 688004
          BY ADVS.
          K.R.VINOD
          M.S.LETHA
          NABIL KHADER
          RAHUL.S
          CHITHRA C.EDADAN
          DEVIKA PRASAD
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     AYISHA ABDUL LATHEEF
          AGED 20 YEARS
          D/O ABDUL LATHEEF, PALLIVELIYIL HOUSE,
          PUNNAPRA SOUTH PANCHAYATH, AMBALAPPUZHA,
          ALAPPUZHA, PIN - 688004
          SMT.MAYA M.N, PP
          SMT.MARIYA ANTONY
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.789 OF 2023

                                     2




                                 ORDER

Dated this the 25th day of April, 2023

The petitioner is the accused in Crime No.178/2019 of Punnapra

Police Station. The offence alleged against the petitioner is under

Section 354(C) of the Indian Penal Code. The 2nd respondent is the

defacto complainant. Annexure A1 is the final report submitted. This

Crl.M.C is filed to quash all further proceedings pursuant to Annexure

A1.

2. Heard Sri.K.R. Vinod, the learned counsel appearing for the

petitioner, Smt.Maya M.N., the learned Public Prosecutor for the State

and Smt.Mariya Antony, the learned counsel appearing for the 2nd

respondent/defacto complainant.

3. The prayer for quashing the above proceedings is sought for by

the petitioner on the ground that, the dispute between the parties has

been settled and to substantiate the same, the victim has sworn

Annexure A2 affidavit. The aforesaid affidavit indicates that, the matter

has been settled and the victim has no subsisting grievance against the CRL.MC NO.789 OF 2023

petitioner herein. She also conveyed that she has no objection in

quashing the proceedings against the petitioner herein. The learned

counsel for the 2nd respondent/victim also confirmed the same. The

learned Public Prosecutor upon instructions submitted that the veracity

of the settlement was verified by the Station House officer concerned

and before the SHO also, the victim has reiterated that, she does not

have any objection in quashing the proceedings as she has no subsisting

grievance against the petitioner herein.

4. Going through the materials available on record, it is discernible

that, the dispute is basically private in nature and on account of

settlement arrived at between the parties, no purpose would be served if

the proceedings against the petitioner herein were allowed to continue.

In such circumstances, the chances of a successful prosecution are very

bleak. Therefore, I am of the view that going by the decision in Gian

Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit

case in which the powers of this Court under Section 482 of the Code

of Criminal Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure A1 final report in CRL.MC NO.789 OF 2023

Crime No.178 of 2019 of Punnapra Police Station and all further

proceedings in C.C. No.474/2021 pending before the Judicial First

Class Magistrate Court, Ambalappuzha as against the petitioner are

hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE NP CRL.MC NO.789 OF 2023

APPENDIX OF CRL.MC 789/2023

PETITIONER'S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 474/2021 IN THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT AMBALAPPUZHA, Annexure A2 THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT RESPONDENTS' ANNEXURES: NIL