Kerala High Court
Nahas Salim vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 1977 OF 2024
CRIME NO.1436/2023 OF Pooyapally Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.125 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOTTARAKKARA
PETITIONERS/ACCUSED 1 TO 5:
1 NAHAS SALIM
AGED 31 YEARS
S/O. SALIM, NIYAS MANZIL, MOTORKUNNU, VELINALOOR,
KERALA, KOLLAM RURAL, INDIA., PIN - 691 516
2 MARIYAM BEEVI,
AGED 51 YEARS
W/O. SALIM, NIYAS MANZIL, MOTORKUNNU, VELINALOOR,
KERALA, KOLLAM RURAL, INDIA., PIN - 691 510
3 SALIM S,
AGED 58 YEARS, LATE SHAHULHAMEED, NIYAS MANZIL,
MOTORKUNNU, VELINALOOR, KERALA, KOLLAM RURAL,
INDIA., PIN - 691 510
4 NAFIH SALIM @ NAFI
AGED 21 YEARS
NIYAS MANZIL, MOTORKUNNU, VELINALOOR, KERALA,
KOLLAM RURAL, INDIA., PIN - 691 510
5 NIYAS SALIM,
AGED 33 YEARS, S/O. SALIM, NIYAS MANZIL,
MOTORKUNNU, VELINALOOR, KERALA, KOLLAM RURAL,
INDIA., PIN - 691 510
BY ADV T.GOPALAKRISHNAN
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
Crl.M.C.No.1977 of 2024
2
2 AFNA SALIM
AGED 25 YEARS
D/O. SALIM, RESIDING AT SALIM MANZIL, MEEYANA,
MEEYANA P.O; KOLLAM, PIN - 691 510
OTHER PRESENT:
PP MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1977 of 2024
3
ORDER
Dated this the 11th day of April 2024
Petitioners are the accused in Crime No.1436 of 2023
registered at the Pooyapally Police Station, Kollam Rural, for the
offences punishable under Sections 498A, 506 read with Section
34 of IPC, now pending as C.C.No.125 of 2024 on the files of the
Judicial First Class Magistrate Court-II, Kottarakkara. The de facto
complainant is arrayed as the 2nd respondent. Annexure-A4
affidavit has been filed by the 2nd respondent stating that the
dispute, which had compelled her to file the complaint, leading
to registration of the crime, has been settled amicably and she
has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that no antecedents are reported against
the petitioners.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavit, the
contents of which are vouched to be true and voluntary by the
counsel for the 2nd respondent, I am satisfied that no public
interest is involved in this matter and the dispute has been
settled amicably. In view of the settlement arrived at between
the parties, there is no possibility of the criminal proceedings
ending in conviction. As such, continuance of the proceedings will
amount to an abuse of process of court and hence, in view of the
legal position set out by the Honourable Supreme Court in
Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and
Gian Singh v State of Punjab and Another [(2012) 10 SCC 303],
there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure-A2 final
report and all further proceedings C.C.No.125 of 2024 on the files
of the Judicial First Class Magistrate Court-II, Kottarakkara as
against the petitioners, are quashed.
Sd/-
V.G. Arun
Judge
vpv
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE F.I.R IN CRIME
1436/2023 DATED 14.10.2023 OF POOYAPALLY
POLICE STATION, KOLLAM RURAL
Annexure A2 A TRUE COPY OF THE CHARGE SHEET DATED
19/01/2024 FILED IN CRIME 1436/2023 OF
POOYAPALLY POLICE STATION, KOLLAM RURAL
Annexure A3 A TRUE COPY OF THE AGREEMENT ENTERED
BETWEEN THE 1ST PETITIONER AND THE 2ND
RESPONDENT
Annexure A4 A TRUE COPY OF THE AFFIDAVIT HANDED OVER
TO THE 1ST PETITIONER DATED 17.02.2024
