Kerala High Court
Sajna 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. 2030 OF 2024
CRIME NO.1324/2021 OF TIRUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1520 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
PETITIONER/DEFACTO COMPLAINANT:
SAJNA
AGED 35 YEARS
D/O MUHAMMADUNNI, RESIDING AT KOLANCHERY HOUSE,
ANANTHAVOOR P.O., TIRUR TALUK, MALAPPURAM,
PIN - 676301
BY ADVS.
K.SHIBILI NAHA
A.LOWSY
RESPONDENTS/STATE & ACCUSED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 SUB-INSPECTOR OF POLICE
TIRUR POLICE STATION, MALAPPURAM, PIN - 676101
3 MUNEER
AGED 33 YEARS, S/O MOIDHEEN KUTTY, RESIDING AT
ALLOOR, PERUNTHALOOR, VETTOM PALLIPPURAM P.O., TIRUR
TALUK, MALAPPURAM, PIN - 676102
BY ADV
SRI. E. C. BINEESH - PUBLIC PROSECUTOR
SRINATH C.V.
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.2030 OF 2024
2
C. JAYACHANDRAN, J.
=====================
Crl.M.C. No.2030 of 2024
=====================
Dated this the 16th day of April, 2024
ORDER
The petitioner herein is the defacto complainant
in Crime No.1324/2021 of Tirur Police Station,
Malappuram. The offences alleged are under Sections
406 and 498A of the Indian Penal Code.
2. The accused in the said crime is the third
respondent herein. The petitioner and the third
respondent were married to each other. However, their
marital tie stands severed now. The Crl.M.C. is filed
seeking to quash Annexure B Final Report in the above
referred crime and all further proceedings in C.C.
No.1520/2021 of the Judicial First Class Magistrate
Court, Tirur, on the premise that, all the disputes
Crl.M.C NO.2030 OF 2024
between the petitioner and the third respondent have
been amicably settled between the parties.
3. Along with the Crl.M.C., the petitioner
produced Annexure C notarised agreement, which records
their compromise/settlement. Annexure D affidavit
sworn to by the petitioner is also produced, recording
the settlement and also indicating that the petitioner
has no objection in quashing the charge sheet against
the accused.
4. When this matter was moved, this Court directed
the learned Public Prosecutor to get instructions,
along with a signed statement of the defacto
complainant. The same is also produced wherein, the
Investigating Officer would attach along with report,
a signed statement of the defacto complainant. In that
statement as well, the defacto complainant would
reiterate that the issues have been settled and that
Crl.M.C NO.2030 OF 2024
she is not interested to proceed with the case any
more.
5. Heard the learned counsel for the petitioner/
defacto complainant, the learned Public Prosecutor
and learned counsel for the 3rd respondent.
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. S
tate of Punjab [(2012) 10 SCC 303], this Court finds
that no useful purpose is to be served by continuing
the prosecution as against the petitioner, inasmuch as
the defacto complainant had unequivocally expressed
her intention to withdraw the criminal proceedings
against the petitioner. The issues involved in this
crime are private in nature, without impacting the
society at large.
Crl.M.C NO.2030 OF 2024
In the circumstances, this Crl.M.C is allowed and
Annexure B Final Report in Crime No.1324/2021 of Tirur
Police Station and all further proceedings in C.C.
No.1520/2021 of the Judicial First Class Magistrate
Court, Tirur, are hereby quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
BR
Crl.M.C NO.2030 OF 2024
PETITIONER'S ANNEXURES
Annexure A A CERTIFIED COPY OF THE FIR IN CRIME NO.
1324/2021 DATED 03/12/2021 REGISTERED BY
THE 2ND RESPONDENT AGAINST THE 3RD
RESPONDENT
Annexure B A CERTIFIED COPY OF THE CHARGE/FINAL
REPORT DATED 10/12/2021 IN THE ABOVE CRIME
Annexure C A TRUE COPY OF THE NOTARIZED AGREEMENT
ENTERED INTO BETWEEN THE PETITIONER AND
THE 3RD RESPONDENT DATED 27/01/2024
Annexure D A TRUE COPY OF THE NOTARIZED AFFIDAVIT
SWORN TO BY THIS PETITIONER DATED
27/01/2024
RESPONDENT'S ANNEXURES: NIL
