Sahal A vs State Of Kerala
2023 Latest Caselaw 11781 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                        CRL.MC NO. 5310 OF 2023
   CRIME NO.148/2022 OF Palarivattom Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT CC 230/2022 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS - IX, ERNAKULAM (TEMPORARY)
PETITIONER/S:

          SAHAL A
          AGED 38 YEARS
          S/O ASANARUKUNJU, SAYANNA, PARAKKULAM, KOTTIYAM P.O.,
          KOLLAM, NOW RESIDING AT ¢DEAL TELE SOLUTIONS, SMRA
          107, ST. MARTINS ROAD, PALARIVATTOM P.O., KOCHI-682025,
          PIN - 691571

          BY ADVS.
          K.A.ANEEZ FAHID
          SUDHEER K.K.



RESPONDENT/S:

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

    2     AISHM NOUSHAD
          AGED 31 YEARS
          D/O D.K.R NOUSHAD RAWTHER, AI HAK MANZIL, THONNALLUR,
          PANDALAM P.O PATHANAMTHITTA AND NOW RESIDING AT FLAT
          NO.601, TOWER 1, NATIONAL EMPRESS GUARDEN, VENNALA HIGH
          SCHOOL ROAD, VENNALA, ERNAKULAM-682028, PIN - 689501


OTHER PRESENT:

          SRI NOUSHAD K.A. (SR PP)/ SMT. RESHMA E. (FOR
          RESPONDENT)




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.5310/2023                    -2-

                                     ORDER

The petitioner is the accused in Crime No.148/2022 of Palarivattom Police

Station, Ernakulam District which is now pending as C.C.No.230/2022 before the

Judicial First Class Magistrate Court-IX, Ernakulam. The petitioner faces

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 2nd respondent as Annexure-A4.

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

respondent 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 Annexure-A4 affidavit of 2 nd respondent, I

am of the view that this is 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.230/2022

before the Judicial First Class Magistrate Court-IX, Ernakulam will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 5310/2023

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.148/2022 OF PALARIVATTOM POLICE STATION

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 11/07/022 IN CRIME NO. 148/2022 OF PALARIVATTOM POLICE STATION

Annexure A3 TRUE COPY OF THE MUBARA'ATH AGREEMENT DTD.12-04-2023

Annexure A4 THE ORIGINAL OF THE AFFIDAVIT DATED 26/06/2023 SWORN BY THE 2ND RESPONDENT