Kerala High Court
Ameer Ali 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. 1423 OF 2024
CRIME NO.669/2021 OF Ponnani Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.624 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/S:
1 AMEER ALI
AGED 43 YEARS
S/O. MUHAMMED, CHERUVALAPPIL HOUSE, AANAPADI,PONNANI
SOUTH P.O., MALAPPURAM DISTRICT, PIN - 679586
2 NASEERABI.
AGED 60 YEARS
W/O. MUHAMMED, CHERUVALAPPIL HOUSE, AANAPADI, PONNANI
SOUTH P.O., MALAPPURAM DISTRICT, PIN - 679586
3 SAMEER BABU
AGED 40 YEARS
S/O. MUHAMMED, CHERUVALAPPIL HOUSE, AANAPADI, PONNANI
SOUTH P.O., MALAPPURAM DISTRICT, PIN - 679586
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SHAMSHABI @ SHAMSHAD
AGED 44 YEARS
D/O.YOOSAF, KUNNIKKALAKATH HOUSE, AANAPADI,
KADAVANAD, PONNANI SOUTH P.O., MALAPPURAM DISTRICT,
PIN - 679586
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.1423 of 2024
2
ORDER
Dated this the 11th day of April, 2024
Petitioners are the accused Nos.1 to 3 in
Crime No.669 of 2021 registered at the Ponnani
Police Station for offences punishable under
Sections 498A and 406 of IPC, now pending as
C.C.No.624 of 2021 on the files of the Judicial
First Class Magistrate Court, Ponnani. The de
facto complainant is arrayed as the second
respondent. Annexure-A5 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 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 second respondent, I am satisfied
that no public interest is involved in this matter
and the dispute has been settled amicably. In view
of Annexure A4 agreement executed between the
parties and the assertion of the learned Counsel
for the second respondent that the dispute has
been settled amicably, the possibility of the
criminal proceedings ending in conviction is
remote. 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-A3 final report and all further
proceedings in C.C.No.624 of 2021 on the files of
the Judicial First Class Magistrate Court, Ponnani
as against the petitioners, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
669/2021 OF PONNANI POLICE STATION
DATED 11.08.2021
Annexure A2 THE TRUE COPY OF THE FIS IN CRIME NO.
669/2021 OF PONNANI POLICE STATION
DATED 11.08.2021
Annexure A3 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 669/2021 OF PONNANI POLICE
STATION DATED 18.09.2021
Annexure A4 THE TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE 1ST PETITIONER AND THE 2ND
RESPONDENT DATED 22.01.2024
Annexure A5 THE TRUE COPY OF THE AFFIDAVIT OF THE
2ND RESPONDENT DATED 30.01.2024
