Nishaf Ahamed Musaliyarakam ... vs Aadila P.P
2023 Latest Caselaw 10411 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA,
                            1945
                CRL.MC NO. 7385 OF 2023
   AGAINST THE ORDER/JUDGMENT CC 360/2021 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
PETITIONERS/ACCUSED 1 TO 3:

    1    NISHAF AHAMED MUSALIYARAKAM
         REP.BY HIS PA HOLDER, HIS MOTHER KADEEJA P.M.
         W/O AHAMED KOYA ,KOLLARAKKAL HOUSE ,
         POOLAKKADAVU ROAD, PARAMBIL P.O , KURUVATTUR ,
         KOZHIKEDE DT., PIN - 673 012.

    2    FATHIMA
         W/O SAKKARIYA SALAF , KOLLARAKKAL ,
         POOLAKADAVU ROAD ,PARAMBIL P.O,KOZHIKODE DT,
         PIN - 673 012.

    3    KADEEJA
         AGED 59 YEARS
         W/O AHAMED KOYA MUSALIYARAKAM ,
         KOLLARAKKAL HOUSE , POOLAKKADAVU ROAD ,
         PARAMBIL P.O , KURUVATTUR , KOZHIKODE DT ,
         PIN - 673 012.

         BY ADVS.
              M.R.REENA
              P.S.SUJETH

RESPONDENTS/STATE, DE-FACTO COMPLAINANT:

    1    AADILA P.P
         AGED 23 YEARS,D/O ABDUL RAHIMAN ,
         OTTAPILAKKAL HOUSE ,KIZHAKKUMURI P.O ,
         KOZHIKODE TALUK ,KOZHIKODE DT., PIN - 673 611.

    2    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.
 Crl.M.C. No.7385 of 2023
                             :2:


          BY ADVS
               G. SUDHEER- PUBLIC PROSECUTOR
               ABDUL VAHID C.H (FOR R1)



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No.7385 of 2023
                                 :3:




                             ORDER

Dated this the 30th day of September, 2023

Petitioners are accused Nos.1 to 3 in Crime

No.142/2021 of Chevayoor Police Station, Kozhikode District,

which is now pending as C.C. No.360/2021 on the file of the

Judicial First Class Magistrate Court-I, Kozhikode District,

alleging commission of offences punishable under Sections

406 r/w Section 34 and 498A of the Indian Penal Code.

2. Learned counsel appearing for the petitioners

would submit that the entire issues between the petitioners

and the 1st respondent (the de facto complainant) have been

settled. Learned counsel appearing for the petitioners also

refers to Annexure-A4 affidavit executed by the

1st respondent to establish that the entire issues between the

petitioners and the 1st respondent have been settled and the

1st respondent does not intend to continue with the

proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 1st respondent affirms that the entire Crl.M.C. No.7385 of 2023

disputes between the petitioners and the 1st respondent have

been settled and that the 1 st respondent does not wish to

continue with the proceedings against the petitioners.

4. Having heard the learned counsel appearing for

the petitioners, learned Public Prosecutor and the learned

counsel appearing for the 1st respondent, I am of the view

that this Crl.M.C. can be allowed on the ground of settlement.

There is no public interest involved in continuing the

proceedings against the petitioners. Therefore, in exercise of

the jurisdiction vested in this Court under Section 482 of the

Code of Criminal Procedure, further proceedings against the

petitioners can be quashed on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further

proceedings in C.C No.360/2021 on the file of the Judicial

First Class Magistrate Court-I, Kozhikode District (Crime

No.142/2021 of Chevayoor Police Station) will stand quashed

as against the petitioners.

Sd/-

GOPINATH P.

JUDGE AMR Crl.M.C. No.7385 of 2023

APPENDIX OF CRL.MC 7385/2023

PETITIONERS' ANNEXURES

Annexure A1 PHOTO COPY OF THE POWER OF ATTORNEY EXECUTED BY THE 1ST PETITIONER.

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.142/2021 OF CHEVAYOOR POLICE STATION , KOZHIKODE IN CC 360/2021 JFCM-1,KOZHIKODE.

Annexure A3 PHOTOCOPY COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT DATED 06-07-2023.

Annexure A4 AFFIDAVIT FILED BY THE 1ST RESPONDENT DATED 23/8/2023.