Muhammed Shafi vs State Of Kerala
2023 Latest Caselaw 11783 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. 7962 OF 2023
   CRIME NO.365/2023 OF Thamarassery Police Station, Kozhikode
 AGAINST THE ORDER/JUDGMENT CC 276/2023 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I,THAMARASSERY
PETITIONER/S:

    1     MUHAMMED SHAFI
          AGED 24 YEARS
          S/O HUSSAIN, KAITHAPOYIL, THAMARASSERY, KOZHIKODE CITY,
          KERALA., PIN - 673586

    2     HUSSAIN
          AGED 54 YEARS
          KAITHAPOYIL, THAMARASSERY, KOZHIKODE CITY, KERALA., PIN
          - 673586

    3     SAKEENA
          AGED 50 YEARS
          W/O HUSSAIN, KAITHAPOYIL, THAMARASSERY, KOZHIKODE CITY,
          KERALA., PIN - 673586

    4     SHAMLA
          AGED 22 YEARS
          D/O HUSSAIN, KAITHAPOYIL, THAMARASSERY, KOZHIKODE CITY,
          KERALA., PIN - 673586

          BY ADVS.
          T.H.ARAVIND
          SWETHA K.S.



RESPONDENT/S:

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

    2     THE STATION HOUSE OFFICER
          THAMARASSERY POLICE STATION,
          KOZHIKODE DISTRICT., PIN - 673573
 Crl. M.C. No.7962/2023             -2-

      3       MUSFIRA
              AGED 21 YEARS
              , AGED 21 YEARS, D/O USMAN, RESIDING AT VILAYATTIL
              NADAKKAL HOUSE, PARAPPANPOIL, ADONA, KOZHIKODE RURAL,
              KERALA, PIN - 673573
OTHER PRESENT:

              SRI VIPIN NARAYAN (SR PP)/ SMT. SWETHA K.S. (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.7962/2023                    -3-

                                     ORDER

The petitioners are the accused in Crime No.365/2023 of Thamarassery

Police Station, Kozhikode District which is now pending as C.C.No.276/2023 before

the Judicial First Class Magistrate Court-I, Thamarassery. The petitioners face

prosecution under Sections 323 and 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 petitioners that all issues between the

petitioner and the 3rd respondent (de facto complainant) have been settled. He also

produced an affidavit of 3rd respondent as Annexure-A2.

3. Heard the learned Public Prosecutor and learned counsel for 3 rd

respondent also.

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

considering the fact that all issues between the petitioners and the 3 rd respondent

have been settled and also considering Annexure-A2 affidavit of 3 rd 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 petitioners can be

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

continuing with the proceedings against the petitioners. In the result, this Crl.M.C.

is allowed and all further proceedings against the petitioners, in C.C.No.276/2023

before the Judicial First Class Magistrate Court-I, Thamarassery will stand

quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 7962/2023

PETITIONER ANNEXURES

Annexure 1 THE COPY OF THE FIR NO 365/2023 DATED 24.05.2023 OF THAMARASSERY POLICE STATION

Annexure A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 4.09.2023