Kerala High Court
Adil Rizwan vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
CRL.MC NO. 516 OF 2024
CRIME NO.846/2022 OF PONNANI POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1000 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS:
1 ADIL RIZWAN
AGED 31 YEARS
S/O ABDUL AZEES NAGATHODATH HOUSE, , KARAPPARAMBU
KOZHIKKODE, PIN - 673010
2 MUNEERA
AGED 55 YEARS
W/O ABDUL AZEES NAGATHODATH HOUSE, KARAPPARAMBU
KOZHIKKODE, PIN - 673010
BY ADV
BENET SELVAN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
PONNANI POLICE STATION MALAPPURAM, PIN - 679584
3 HAMNA SULAIMAN
AGED 25 YEARS
D/O SULAIMAN THAZHATHVALAPPIL (H) EDAPPAL P.O
MALAPPURAM, KERALA, PIN - 679576
BY ADV
SRI. E. C. BINEESH - PUBLIC PROSECUTOR
E.D.GEORGE
Crl.M.C NO.516 OF 2024
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C NO.516 OF 2024
3
C. JAYACHANDRAN, J.
=====================
Crl.M.C. No.516 of 2024
=====================
Dated this the 16th day of April, 2024
ORDER
The petitioners are the accused persons in Crime
No.846/2022 of Ponnani Police Station, Malappuram,
wherein the offences alleged are under Sections 498A
and 406, read with Section 34 of the Indian Penal
Code. Based on the final report filed in the said
crime, C.C. No.1000/2022 has been registered and the
same is pending before the Judicial First Class
Magistrate Court, Ponnani.
2. The petitioners seek to quash Annexure A1
F.I.R. and Annexure A2 Final Report, above referred,
on the premise that the disputes between the
petitioners and the third respondent/defacto
Crl.M.C NO.516 OF 2024
complainant have been amicably settled by and between
the parties.
3. Along with the Crl.M.C., the petitioners
produced Annexure A3 affidavit sworn to by the third
respondent/defacto complainant, wherein it is stated
that the entire disputes have been amicably settled
out of Court and that the defacto complainant is not
interested to proceed with the matter any more. She
has no grievance against the petitioners and that she
has no objection in allowing the Crl.M.C., are also
facts which find a place in Annexure A3.
4. When this matter was moved, this Court directed
the learned Public Prosecutor to get instructions, as
also, a signed statement of the defacto complainant.
The same is made available, a perusal of which, would
indicate that the defacto complainant has no objection
in quashing the F.I.R. and also the Final Report and
Crl.M.C NO.516 OF 2024
that she is no more interested to prosecute the
matter.
5. Heard the learned counsel for the petitioners,
the learned Public Prosecutor and learned counsel for
the 3rd respondent/defacto complainant.
6. In view of the judgments of Hon'ble Supreme
Court in B.S. Joshi & Ors v. State Of Haryana & Anr
[2003 (4) SCC 675] and Gian Singh v. State of Punjab
[(2012) 10 SCC 303], this Court finds that no useful
purpose is to be served by continuing the prosecution
as against the petitioners, inasmuch as the defacto
complainant had unequivocally expressed her intention
to withdraw the criminal proceedings against the
petitioners. The issues involved in this crime are
private in nature, without impacting the society at
large.
Crl.M.C NO.516 OF 2024
In the circumstances, this Crl.M.C is allowed and
Annexure A1 F.I.R. in Crime No.846/2022 of Ponnani
Police Station and Annexure A2 Final Report and all
further proceedings in C.C. No.1000/2022 of the
Judicial First Class Magistrate Court, Ponnani, are
hereby quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
BR
Crl.M.C NO.516 OF 2024
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R IN CRIME
NO.846/2022 OF PONNANI POLICE STATION
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CC
1000/2022 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, PONNANI, MALAPPURAM
DISTRICT
Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT/DEFACTO COMPLAINANT DATED
19/12/2023
RESPONDENT'S ANNEXURES: NIL
