Kerala High Court
Hasim vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 2061 OF 2024
CRIME NO.1288/2021 OF SREEKARIYAM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.294 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 & 2:
1 HASIM
AGED 38 YEARS
S/O ABDUL RAHIM,TC 96/2568(4), BAITHUL RIDHA
HOUSE, SURABHI GARDENS, AKKULAM, CHERUVAKKAL,
THIRUVANANTHAPURAM, PIN - 695011
2 SHAHIDA
AGED 59 YEARS
W/O ABDUL RAHIM,TC 96/2568(4), BAITHUL RIDHA
HOUSE, SURABHI GARDENS, AKKULAM,
CHERUVAKKAL,THIRUVANANTHAPURAM, PIN - 695011
BY ADV
FATHIMA MAJEED
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
SREKARYAM POLICE STATION,
SREKARYAM,THIRUVANANTHAPURAM, PIN - 695017
3 SHYMA K BABU
AGED 37 YEARS
D/O ISHABEEVI,TC 96/2568(4), SURABHI
GARDENS,ITHADI LAINE, CHERUVAKKAL VILLAGE, AKKULAM
WARD,THIRUVANANTHAPURAM, PIN - 695011
2
Crl.M.C. No.2061 of 2024
BY ADV
SRI.G.SUDHEER - PUBLIC PROSECUTOR
AJAYA KUMAR. G
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.2061 of 2024
C. PRATHEEP KUMAR, J
-----------------------------------------------
Crl.M.C. No. 2061 of 2024
------------------------------------------------
Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by accused No. 1 and 2 in Crime
No.1288/2021 of Sreekaryam Police Station,
Thiruvananthapuram which is pending as C.C. No.294/2022
on the file of Judicial First Class Magistrate Court-I,
Thiruvananthapuram. The offences alleged against the
petitioners are punishable under Sections 498A and 324 read
with Section 34 of the Indian Penal Code.
2. The prosecution case is that, the first accused and
the defacto complainant who are husband and wife while
living at the residence of the first accused, he along with the
second accused, who is his mother, physically and mentally
harassed the defacto complainant, demanding dowry and
thereby committed the above offences.
3. According to the petitioners, the dispute has been
settled with the defacto complainant/ third respondent . Both
parties agreed to drop all further proceedings relating to the
above dispute. Therefore, they prayed for quashing all further
proceedings in Annexure A1.
4. The defacto complainant/ third respondent filed
affidavit endorsing the averments in the Crl.M.C. According
to her, the case has been amicably settled and that she does
not intend to proceed with the case and also that further
proceedings in the case can be quashed. She has no further
grievance against the petitioners.
5. Learned Public Prosecutor also stated that the
dispute has been settled between the parties and hence
further proceedings in the case can be quashed. Signed
statement of the defacto complainant/ third respondent also
has been filed, which substantiates the averments in her
affidavit.
6. Considering the fact that the offences under Sections
498A and 324 read with Section 34 of the Indian Penal Code
involved in this case are not heinous and very serious in
nature, and the dispute has been settled between the
petitioners and defacto complainant, this is a fit case in which
further proceedings can be quashed.
In the result, this Crl.M.C is allowed. All further
proceedings in C.C. No.294/2022 on the file of the Judicial
First Class Magistrate Court-I, Thiruvananthapuram arising
from Crime No.1288/2021 of Sreekaryam Police Station,
Thiruvananthapuram is quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO: 1288/2021 OF SREEKARYAM POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
AnnexureA2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 30-01-2024
RESPONDENT'S ANNEXURES: NIL
