Mohammed Saleel. M vs State Of Kerala
2023 Latest Caselaw 10274 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                       CRL.MC NO. 5882 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 602/2022 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -II, KASARAGOD
PETITIONERS:


    1     MOHAMMED SALEEL. M., AGED 48 YEARS,SON OF MOOSABBA,
          KALAI HOUSE, PAIVALIKE, PAIVALIKE VILLAGE, KASARAGOD
          DISTRICT-, PIN - 671348

    2     KAIRUNNISA. K. A,AGED 30 YEARS,WIFE OF MOHAMMED SALEEL,
          KALAI HOUSE, PAIVALIKE, PAIVALIKE VILLAGE, KASARAGOD
          DISTRICT-, PIN - 671348

          BY ADVS.
          A.ARUNKUMAR
          S.SHYAM KUMAR
          HEERAKRISHNA T.H.
          SACHIN GEORGE ARAMBAN


RESPONDENT/S:
     1     STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM -, PIN - 682031

    2     FATHIMATH SAHIDA,AGED 38 YEARS,DAUGHTER OF MAHAMOOD
          SAYYED MOHAMMED ALIAS KATTA MAHAMOOD, MAVINAKATTA
          HOUSE, DINAR NAGAR, ICHILANGOD POST, KUBANOOR VILLAGE,
          MANJESWAR TALUK, KASARAGOD DISTRICT-, PIN - 671324


OTHER PRESENT:
           SRI. VIPIN T JOSE (FOR RESP), SRI. VIPIN NARAYAN (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.5882/2023                    -2-

                                     ORDER

The petitioners are the accused in Crime No.170/2022 of Kumbla Police

Station, Kasaragod District which is now pending as C.C.No.602/2022 before the

Judicial First Class Magistrate Court-II, Kasaragod. The petitioners 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 petitioners 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-AIII.

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

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 2 nd respondent

have been settled and also considering Annexure-AIII 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 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.602/2022,

before the Judicial First Class Magistrate Court-II, Kasaragod will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 5882/2023 PETITIONER ANNEXURES

Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.170 OF 2022 OF KUMBLA POLICE STATION

Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.170 OF 2022 OF KUMBLA POLICE STATION

Annexure AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT