Kerala High Court
Thabrez Cheriyath 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. 3135 OF 2024
CRIME NO.114/2023 OF EDAKKAD POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.475 OF 2023 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THALASSERY
PETITIONERS/ACCUSED NOS.1 TO 4:
1 THABREZ CHERIYATH
AGED 40 YEARS
S/O AHAMMED CHERIYATH, MINI CHERIYATH HOUSE,
CHIRAKKARA PO, THALASSERY, KANNUR, PIN - 670104
2 RABIYA M.K
AGED 58 YEARS
S/O AHAMMEDCHERIYATH, MINI CHERIYATH HOUSE,
CHIRAKKARA PO, THALASSERY, KANNUR, PIN - 670104
3 THABASSUM M.K
AGED 38 YEARS
W/O ABDUL ROUF, MINI CHERIYATH HOUSE, CHIRAKKARA PO,
THALASSERY, KANNUR, PIN - 670104
4 AHAMMED CHERIYATH
AGED 67 YEARS
S/O ABOOBACKER, MINI CHERIYATH HOUSE, CHIRAKKARA
P.O, THALASSERY, KANNUR, PIN - 670104
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
MUHAMMED HAROON A.N.
HASHARURAHIMAN U.
MOHEMED FAVAS
Crl.M.C NO.3135 OF 2024
2
RESPONDENTS/STATE, COMPLAINANT AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, HIGH COURT P.O, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
EDAKKAD POLICE STATION, EDAKKAD PO, KANNUR,
PIN - 670662
3 ASHBANA MUSTHAFA
AGED 33 YEARS
D/O MUSTHAFA T.M, AYISHAS, AKG ROAD, MADAM BEACH
ROAD, MUZHAPILANGAD PO, KANNUR, PIN - 670662
BY ADV
SRI. G. SUDHEER - PUBLIC PROSECUTOR
K.M.SHANAVAS
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.3135 OF 2024
3
C. JAYACHANDRAN, J.
=====================
Crl.M.C. No.3135 of 2024
=========================
Dated this the 16th day of April, 2024
ORDER
The petitioners are the accused persons in Crime
No.114/2023 of Edakkad Police Station, Kannur, based
upon which C.C. No.475/2023 has been taken on files
and pending before the Additional Chief Judicial
Magistrate Court, Thalassery. The offences alleged are
under Sections 406 and 498A, read with Section 34 of
the Indian Penal Code.
2. The petitioners seek to quash Annexure A2 Final
Report in C.C. No.475/2023, as also, the FIR in Crime
No.114/2023 above referred, on the premise that, the
issues between the parties have been settled amicably
by and between them.
3. Along with the Crl.M.C., the petitioners
produced Annexure A3 affidavit of the third
Crl.M.C NO.3135 OF 2024
respondent/defacto complainant wherein, she would
state that the entire disputes have been settled
amicably and she has no intention to pursue the
prosecution case further.
4. When this matter was moved, the learned Public
Prosecutor has produced a statement of the defacto
complainant, which has been recorded as directed by
the Investigating Officer, wherein also, the defacto
complainant would unequivocally state that the issues
have been settled, that she is no more interested to
prosecute the case further and that she has no
objection in quashing the case as against the
petitioners.
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
Crl.M.C NO.3135 OF 2024
[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.
In the circumstances, this Crl.M.C is allowed and
F.I.R. in Crime No.114/2023 of Edakkad Police Station,
Kannur, as also, Annexure A2 Final Report and all
further proceedings in C.C. No.475/2023 of the
Additional Chief Judicial Magistrate Court,
Thalassery, are hereby quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
BR
Crl.M.C NO.3135 OF 2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 10/02/2023 IN
CRIME NO. 114/2023 OF EDAKKAD POLICE
STATION, KANNUR
Annexure A2 TRUE COPY OF THE FINAL REPORT DATED
29/03/2023 IN CC NO.475/2023 OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE COURT,
THALASSERRY WHICH AROSE FROM FIR IN CRIME
NO. 114/2023 OF EDAKKAD POLICE STATION,
KANNUR DISTRICT
Annexure A3 THE ORIGINAL AFFIDAVIT SIGNED BY THE 3RD
RESPONDENT/ DE FACTO COMPLAINANT DATED
29/01/2024
RESPONDENT'S ANNEXURES: NIL
