Kerala High Court
Noufal 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. 2081 OF 2024
CRIME NO.304/2016 OF Kalpakanchery Police Station,
Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1184 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONERS/ACCUSED:
1 NOUFAL
AGED 38 YEARS, S/O MUHAMMED KUTTY, CHEENIKKAL
HOUSE, KALLINGALPARAMBU, KALPAKANCHERY P.O,
MALAPPURAM DISTRICT, PIN - 676 551
2 MUFEEDH
AGED 35 YEARS, S/O MUHAMMED KUTTY, CHEENIKKAL
HOUSE, KALLINGALPARAMBU, KALPAKANCHERY P.O,
MALAPPURAM DISTRICT, PIN - 676 551
3 SUMAYYA
AGED 33 YEARS, D/O MUHAMMED KUTTY, CHEENIKKAL
HOUSE, KALLINGALPARAMBU, KALPAKANCHERY P.O,
MALAPPURAM DISTRICT, PIN - 676 551
BY ADVS.
RAMEES P.K.
ADITHYA VARMA S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 KHAIRUNNISA
AGED 35 YEARS, W/O. NOUFAL, KUMBALAPARAMBIL HOUSE,
RANDATHANI P.O., MALAPPURAM DISTRICT, PIN - 676
510
Crl.M.C.No.2081 of 2024
2
BY ADV ERFANA PARAMBADAN
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.2081 of 2024
3
ORDER
Dated this the 11th day of April 2024
Petitioners are the accused in Crime No.304 of 2016
registered at the Kalpakanchery Police Station for the offences
punishable under Sections 341, 323, 324 read with Section 34 of
IPC, now pending as C.C.No.1184 of 2017 on the files of the
Judicial First Class Magistrate Court-I, Tirur. The de facto
complainant is arrayed as the 2nd respondent. Annexure-2
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-1 final report
and all further proceedings in C.C.No.1184 of 2017 on the files of
the Judicial First Class Magistrate Court-I, Tirur as against the
petitioners, are quashed.
Sd/-
V.G. Arun
Judge
vpv
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO: 304/2016 OF KALPAKANCHERY POLICE
STATION, MALAPPURAM DISTRICT.
Annexure 2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT DATED 19/02/2024
