Sadam Hussain vs State Of Kerala
2023 Latest Caselaw 10414 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. 6172 OF 2023
 AGAINST THE ORDER/JUDGMENT C.C 1044/2022 OF JUDICIAL FIRST
              CLASS MAGISTRATE COURT, PAYYANNUR
PETITIONERS/ACCUSED 1 TO 3:
    1     SADAM HUSSAIN
          AGED 32 YEARS, S/O KHADER CHAKKA PANDA PURAYIL,
          KALATHILE PURAYIL HOUSE, AMEENPALLI ROAD,
          MANHARA VALAPP, HOUSE NO. XIII-428, MOTTAMBRAM,
          MADAYI AMSOM, KANNUR DISTRICT, PIN - 670 304.

    2     AMSA.K.P
          AGED 55 YEARS, W/O KHADER, KALATHILE PURAYIL HOUSE,
          AMEENPALLI ROAD, MANHARA VALAPP,
          HOUSE NO. XIII-428, MOTTAMBRAM, MADAYI AMSOM,
          KANNUR DISTRICT, KERALA, PIN - 670 304.

    3     SAJIDHA C.P
          AGED 35 YEARS, W/O NOUFAL, KALATHILE PURAYIL HOUSE,
          AMEENPALLI ROAD, MANHARA VALAPP,
          HOUSE NO. XIII-428, MOTTAMBRAM, MADAYI AMSOM,
          KANNUR DISTRICT, KERALA, PIN - 670 304.

          BY ADV
               T.V.JAYAKUMAR NAMBOODIRI

RESPONDENTS/STATE OF KERALA/DE FACTO COMPLAINANT:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.

    2     FATHIMATHU NIHALA
          AGED 22 YEARS, D/O NOUSHAD, KURUVATTU PURAYIL,
          PUTHIYANGADI, NEAR CHOOTTAD PARK, MADAYI P.O,
          KANNUR DISTRICT, PIN - 670 304.

          BY ADVS
               P.SHEENA RAJAN(FOR R2)
               VIPIN NARTAYAN-PUBLIC PROSECUTOR

     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.6172 of 2023
                              :2:




                           ORDER

Dated this the 30th day of September, 2023

Petitioners are accused Nos.1 to 3 in Crime

No.344/2022 of Pazhayangadi Police Station, Kannur District,

which is now pending as C.C. No.1044/2022 on the file of the

Judicial First Class Magistrate Court, Payyanur, alleging

commission of offence punishable under Section 498A of the

Indian Penal Code.

2. Learned counsel appearing for the petitioners

would submit that the entire issues between the petitioners

and the 2nd respondent (the de facto complainant) have been

settled. Learned counsel appearing for the petitioners also

refers to Annexure-A3 affidavit executed by the

2nd respondent to establish that the entire issues between the

petitioners and the 2nd respondent have been settled and the

2nd respondent does not intend to continue with the

proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent affirms that the entire Crl.M.C. No.6172 of 2023

disputes between the petitioners and the 2nd respondent have

been settled and that the 2nd 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 2nd 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.1044/2022 on the file of the Judicial

First Class Magistrate Court, Payyanur (Crime No.344/2022

of Pazhayangadi Police Station) will stand quashed as against

the petitioners.

Sd/-

GOPINATH P.

JUDGE AMR Crl.M.C. No.6172 of 2023

APPENDIX OF CRL.MC 6172/2023

PETITIONERS' ANNEXURES

Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NUMBER 344/2022 OF PAZHAYANGADI POLICE STATION.

Annexure -A-2 TRUE COPY OF THE MUBARATH AGREEMENT DATED 14.06.2023 EXECUTED BETWEEN 1ST PETITIONER AND 2ND RESPONDENT.

Annexure -A-3 COPY OF THE AFFIDAVIT DATED 21.06.2023 SIGNED BY 2ND RESPONDENT.