Shamseer V vs State Of Kerala
2023 Latest Caselaw 10275 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. 5741 OF 2023
AGAINST THE ORDER/JUDGMENT CC 1320/2021 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS ,THALASSERY
PETITIONERS:


    1     SHAMSEER V,AGED 33 YEARS,S/O KASIM, VAZHAYIL HOUSE,
          DHARMADAM, OZHAYIL BHAGAM, THALASSERY, PIN - 670106

    2     SALEENA V,AGED 38 YEARS,D/O KASIM, VAZHAYIL HOUSE,
          DHARMADAM, OZHAYIL BHAGAM, THALASSERY, PIN - 670106

    3     SUBAIDA V,AGED 55 YEARS,W/O KASIM, VAZHAYIL HOUSE,
          DHARMADAM, OZHAYIL BHAGAM, THALASSERY, PIN - 670106

          BY ADVS.
          MILLU DANDAPANI
          S.VISHNU


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

    2     FATHIMA NIZLIYA C K,AGED 22 YEARS,D/O K.V. ABDULLA,
          KALATHIL VADAKKEYIL VEEDU, NEAR MANGATTU VAYAL,
          KUTHUPARAMBA, PIN - 670643

          BY ADV LILIN LAL


OTHER PRESENT:
           SRI. VIPIN NARAYAN (PP), SMT. LILIN LAL (FOR RESP)


     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.5741/2023                    -2-

                                     ORDER

The petitioners are accused Nos.1 to 3 in Crime No.523/2021 of Dharmadam

Police Station, Kannur District which is now pending as C.C.No.1320/2021 before

the Judicial First Class Magistrate Court, Thalassery. The petitioners face

prosecution under Sections 498A, 406 read with Section 34 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-3.

3. Heard the learned Public Prosecutor and Adv. Lilin Lal, learned counsel

for the 2nd 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-3 affidavit of the 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.1320/2021

before the Judicial First Class Magistrate Court, Thalassery will stand quashed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 5741/2023

PETITIONER ANNEXURES

Annexure 1 A CERTIFIED COPY OF FIR NO: 523 OF 2021 DATED 11.08.2021 REGISTERED BY DHARMADAM POLICE

Annexure 2 CERTIFIED COPY OF THE CHARGE SHEET DATED 20.11.2021 IN CRIME NO. 523/2021 OF DHARMADAM POLICE STATION, KANNUR DISTRICT

Annexure 3 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT/ DE-FACTO COMPLAINANT DATED 18.01.2023