Kerala High Court
Shafeena vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.1991 of 2024
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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. 1991 OF 2024
CRIME NO.1049/2017 OF Kadakkal Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.118 OF 2018 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL
PETITIONER:
SHAFEENA
AGED 32 YEARS, D/O ARIFA BEEVI, NISA MANZIL,
MELAEKADU, KOTTUKKAL P.O., KOTTUKKAL VILLAGE,
KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691306
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KADAKKAL POLICE STATION, KOLLAM DISTRICT, PIN -
691536
3 NAZEEB RAHUMAN
AGED 33 YEARS
S/O ABDUL KAREEM, RAIHANATH MANZIL, VAYYANAM P.O.,
ITTIVA VILLAGE, KOLLAM DISTRICT, PIN - 691530
OTHER PRESENT:
PP MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
Crl.M.C.No.1991 of 2024
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11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1991 of 2024
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ORDER
Dated this the 11th day of April 2024
Petitioner is the defacto complainant in Crime No.1049 of
2017 registered at the Kadakkal Police Station for the offences
punishable under Sections 498A, 323 and 494 of IPC, now
pending as C.C.No.118 of 2018 on the files of the Judicial First
Class Magistrate Court, Kadakkal. The accused are the
petitioner's husband, father-in-law, mother-in-law and sisters-in
law respectively. After investigation, the police filed final report
arraying only the petitioner's husband as accused. The sole
accused is arrayed as the 3rd respondent herein. Annexure-A3
affidavit has been filed by the petitioner 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
3rd respondent.
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 petitioner, 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 in C.C.No.118 of 2018 on the
files of the Judicial First Class Magistrate Court (Temporary),
Kadakkal as against the 3rd respondent, are quashed.
Sd/-
V.G. Arun
Judge
vpv
PETITIONER ANNEXURES
Annexure-A1 CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO. 1049 / 2017 OF KADAKKAL POLICE
STATION
Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1049 / 2017 OF KADAKKAL POLICE
STATION
Annexure-A3 AFFIDAVIT OF THE PETITIONER DATED
30.06.2023
