Kerala High Court
Saifudheen K vs State Of Kerala on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
TUESDAY, THE 6
DAY OF FEBRUARY 2024 / 17TH MAGHA,
1945
CRL.MC NO. 9496 OF 2023
CRIME NO.999/2021 OF Koduvally Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT SC 208/2022 OF DISTRICT COURT &
SESSIONS COURT,KOZHIKODE
PETITIONERS/ACCUSED NOS.1, 2 AND 3:
1
SAIFUDHEEN
K
S/O.
MOHAMMED,
KAVIL
HOUSE,
KAVIL
MANIPURAM
OZHIKODE, PIN - 673614
K
2
OHAMMED
M SHAFEEQUE S/O
ABDUL RAZAK
KARIBALAKURIYIL
MANIPURAM KOZHIKODE, PIN - 673614
3
SREEKUTTAN
S/O
LOHIDAKSHAN
PADIPURAKAL
LAKSHAM
VEEDU
OLONY, MANIPURAM KOZHIKODE, PIN - 673614
C
BY ADV AASHIQUE AKTHAR HAJJIGOTHI
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1
STATE
OF
KERALA
REPRESENTED
BY
THE
PUBLIC
PROSECUTOR,
IGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
H
2
AMYA
R P.
AGED
30
YEARSW/O
OF
MAHESH
PADIPURAKAL
LAKSHAM
VEEDU COLONY,MANIOURAM,KODUVALLY KOZIKODE, PIN - 673572
SR.PP-SRI.VIPIN NARAYANAN
HIS
T CRIMINAL MISC.
CASE
HAVING
COME
UP FOR
ADMISSION
ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.9496 OF 2023
2
ORDER
Dated this the 6th day of February, 2024
This Crl.M.C., under Section 482 of Cr.P.C., is
filed by accused Nos.1 to 3 in Crime No.999 of 2021 of
Koduvally Police Station, Kozhikode, registered under
Sections 354A(i)(ii), 354A(i)(iv), 506 and 509 r/w Section
34 of IPC, and Section 3(1)(w)(ii) and Section 3(2)(va) of
SC/ST (POA) Act for quashing Annexure A final report in
S.C.No.208 of 2022 on the file of District and Sessions
Court, Kozhikode.
2. The prosecution allegation is that the
petitioners, seeking sexual favours from the defacto
complainant, made sexually coloured remarks and thus
sexually harassed her and outraged her modesty. They
also threatened to kill her husband.
CRL.MC NO.9496 OF 2023
3
3. When the matter is taken up for consideration,
learned counsel for the petitioners submitted that the
matter stands settled between themselves and the 2nd
respondent. The 2nd respondent entered appearance
through Adv.Amina Akthar, and submitted that the matter
stands settled. Annexure B is the affidavit filed by her,
endorsing the settlement.Neithershehasanyintentionto
proceedwiththeprosecutionnoranyobjectioninquashing
Annexure A final report in S.C.No.208 of 2022.
4. On instructions, learned Public Prosecutor
submitted that the matter is settled and he produced
signed statement of the 2nd respondent. In that
statementalso,shehasstatedthatsheisnotintendingto
proceed with the prosecution, and she has noobjectionin
quashing Annexure A final report in S.C.No.208 of 2022.
5. Since the matter stands settled, no purpose
would be servedbycontinuingtheprosecutionagainstthe
petitioners.
CRL.MC NO.9496 OF 2023
4
6. In the light of the principles laid down by the
Apex Court in Gian Singh v. State of Punjab and
Another; [(2012) 10 SCC303)],andStateofMadhya
Pradeshv.LaxmiNarayanandOthers;[(2019)5SCC
688],thisCourtisoftheviewthattheproceedingsagainst
the petitioners can be quashed on the basis of settlement.
Intheresult,thisCrl.MCisallowed,andAnnexure
A final report in S.C.No.208of2022onthefileofDistrict
and Sessions Court, Kozhikode, stands quashed.
Sd/-
SOPHY THOMAS
JUDGE
SSK/06/02
CRL.MC NO.9496 OF 2023
5
APPENDIX OF CRL.MC 9496/2023
PETITIONER ANNEXURES
Annexure A
A TRUE COPY OF THE FINAL REPORT IN SC. NO: 208/2022
OF DISTRICT AND SESSION COURT KOZHIKODE
Annexure B
AN AFFIDAVIT DTD:- 07/10/2023 SWORN BY 2ND RESPONDENT
