Kerala High Court
Thouseef A.P 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. 11269 OF 2023
CRIME NO.564/2022 OF Adhur Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.209 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD
PETITIONER/S:
THOUSEEF A.P.
AGED 30 YEARS
S/O MUHAMMED KUNHI, R/AT PADIYATHADKA HOUSE,
KUNTAR P.O., ADHUR VILLAGE, KASARAGOD DISTRICT,
PIN - 671543
BY ADV S.JIJI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 AYSHATH AFROZA N.
AGED 21 YEARS
D/O MOHAMMED ANSAR, R/AT PERIYADKA HOUSE,
MULLERIA POST, KARADKA VILLAGE, KASARAGOD TALUK &
DISTRICT, PIN - 671543
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.11269 of 2023
2
ORDER
Dated this the 11th day of April, 2024
Petitioner is the accused in Crime No.564 of
2022 registered at the Adhur Police Station for
the offence punishable under Section 498A of IPC,
now pending as C.C.No.209 of 2023 on the files of
the Judicial First Class Magistrate Court-I,
Kasaragod. The de facto complainant is arrayed as
the second respondent. Annexure-A2 affidavit has
been filed by the second 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 petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that no antecedents
are reported against the petitioner.
3. Having considered the gravity of the
offence 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 second 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 A1 final report and all further
proceedings in C.C.No.209 of 2023 on the files of
the Judicial First Class Magistrate Court-I,
Kasaragod, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
APPENDIX OF CRL.MC 11269/2023
PETITIONER ANNEXURES
Annexure A-1 CERTIFIED COPY OF THE FINAL REPORT
ALONG WITH MEMO OF EVIDENCE IN CR. NO.
613/2007 OF ADHUR POLICE STATION DATED
03-02-2023 FILED BEFORE THE JUDICIAL I
CLASS MAGISTRATE COURT-I, KASARAGOD
Annexure 2 THE AFFIDAVIT DATED 26-10-2023 SWORN BY
THE 2ND RESPONDENT SETTLING THE ISSUES
