Kerala High Court
Anshad vs State Of Kerala on 8 December, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
CRL.MC NO. 8015 OF 2023
CRIME NO.2292/2021 OF Palode Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 256/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III (FOREST OFFENCES), NEDUMANGAD
PETITIONER/ACCUSED NOS.1 TO 3:
1 ANSHAD
AGED 35 YEARS
S/O ABDUL HAMEED, ANSHAD MANZIL, KARIKKAKAM, MAAMOODU,
BOUNDER JUNCTION, PERINGAMALA VILLAGE,
THIRUVANANTHAPURAM., PIN - 695563
2 SHAHIDA
AGED 55 YEARS
D/O KULSUM BEEVI, ANSHAD MANZIL, KARIKKAKAM, MAAMOODU,
BOUNDER JUNCTION, PERINGAMALA VILLAGE,
THIRUVANANTHAPURAM., PIN - 695563
3 ANSIF
AGED 33 YEARS
S/O ABDUL HAMEED, ANSHAD MANZIL, KARIKKAKAM, MAAMOODU,
BOUNDER JUNCTION, PERINGAMALA VILLAGE,
THIRUVANANTHAPURAM., PIN - 695563
BY ADVS.
P.ANOOP (MULAVANA)
HEERAKRISHNA T.H.
RESPONDENT/STATE AND DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 RINSY
AGED 33 YEARS
D/O SABIDA, BAITHUL BARKATH VEEDU, VELLOOR,
ANDOORKONAM, KEEZHAVOOR.P.O, ANDOORKONAM VILLAGE,
THIRUVANANTHAPURAM., PIN - 695584
SRI G. SUDHEER (PP)
SRI.A.CHANDRA BABU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8015 OF 2023 2
ORDER
Petitioners are the accused in Crime No.2292/2021 of
Palode police station, Thiruvananthapuram district, which is now
pending as C.C. No.256/2022 on the file of the Judicial First
Class Magistrate Court-III (Forest Offences), Nedumangad
alleging commission of offences punishable under Sections 498A
and 494 r/w. 34 of the Indian Penal Code.
2. Learned counsel appearing for the petitioners would
submit that the entire issues between the petitioners and the 2nd
respondent (the de facto complainant) have been settled.
Learned counsel appearing for the petitioners also refers to
Annexure-II affidavit executed by the 2 nd respondent to establish
that the entire issues between the petitioners and the 2 nd
respondent have been settled and the 2 nd respondent does not
intend to continue with the proceedings against the petitioners.
3. Learned Public Prosecutor and the learned counsel
appearing for the 2nd respondent affirms that the entire disputes
between the petitioners and the 2nd respondent have been settled
and that the 2nd respondent does not wish to continue with the
proceedings against the petitioners.
4. Having heard the learned counsel appearing for the
petitioners, learned Public Prosecutor and the learned counsel
appearing for the 2nd respondent, I am of the view that this
Crl.M.C. can be allowed on the ground of settlement. There is no
public interest involved in continuing the proceedings against
the petitioners. Therefore, in exercise of the jurisdiction vested
in this Court under Section 482 of the Code of Criminal
Procedure, further proceedings against the petitioners can be
quashed on the ground of settlement.
Accordingly, the Crl.M.C is allowed and all further
proceedings in C.C. No.256/2022 on the file of the Judicial First
Class Magistrate Court -III (Forest Offences) (arising out of
Crime No.2292/2021 of Palode police station) will stand quashed
as against the petitioners.
Sd/-
GOPINATH P.
JUDGE
ajt
PETITIONER ANNEXURES
Annexure I THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 2292/2021 OF PALODE POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
Annexure II TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT.
