Muhammed Saheed vs State Of Kerala
2023 Latest Caselaw 11449 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                        CRL.MC NO. 9173 OF 2023
    CRIME NO.1475/2020 OF Ettumanoor Police Station, Kottayam
 AGAINST THE ORDER/JUDGMENT CC 293/2021 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS - I, ETTUMANOOR
PETITIONER/S:

          MUHAMMED SAHEED
          AGED 36 YEARS
          NEDUVELIPEEDIKA HOUSE, PADINJANTTIN BHAGAM,
          ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT
          ., PIN - 686562

          BY ADVS.
          SOORAJ T.ELENJICKAL
          STEPHANIE SHARON
          ATHUL ROY
          HELEN P.A.



RESPONDENT/S:

    1     STATE OF KERALA
          PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI. (CRIME
          NO.1475/2020 OF ETTUMANOOR POLICE STATION, KOTTAYAM
          DISTRICT), PIN - 682031

    2     SOUJA T.A
          AGED 31 YEARS
          D/O ABDUL KAREEM, AGED 31 YEARS, RESIDING AT THAKADIYEL
          HOUSE, PALLIKKAVALA BHAGOM, KUDAYATHOOR VILLAGE,
          KUDAYATHOOR P.O., IDUKKI ., PIN - 685590


OTHER PRESENT:

          SRI VIPIN NARAYAN (SR PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.9173/2023                    -2-

                                     ORDER

The petitioner is the accused in Crime No.1475/2020 of Ettumanoor Police

Station, Kottayam, which is now pending as C.C.No.293/2021 before the Judicial

First Class Magistrate's Court-I, Ettumanoor. The petitioner face prosecution under

Section 498A of the Indian Penal Code.

2. When the matter is taken up for consideration today it is the

submission of the learned counsel for the petitioner that all issues between the

petitioner and the 2nd respondent (de facto complainant) have been settled. He also

produced an affidavit of the 2nd respondent / de facto complainant.

3. Heard the learned Public Prosecutor and learned counsel for the 2 nd

respondent / de facto complainant also.

4. Having regard to the facts and circumstances of the case and

considering the fact that all issues between the petitioner and the 2 nd respondent

have been settled and also considering affidavit of the 2nd respondent, I am of the

view that this is a fit case where, the jurisdiction of this Court under Section 482 of

Cr.P.C. can be invoked and the proceedings against the petitioner can be quashed

on the ground of settlement. No public purpose would be served by continuing with

the proceedings against the petitioner. In the result, this Crl.M.C. is allowed and all

further proceedings against the petitioner, in C.C.No.293/2021 before the Judicial

First Class Magistrate's Court-I, Ettumanoor will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 9173/2023

PETITIONER ANNEXURES

Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1475/2020 OF ETTUMANOOR POLICE STATION