Kerala High Court
Inshamuhammed vs State Of Kerala on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
CRL.MC NO. 4303 OF 2024
CRIME NO.1296/2023 OF Vadakkancherry Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.13 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONERS/ACCUSED 1 TO 3:
1 INSHAMUHAMMED,
AGED 34 YEARS
S/O.ISMAIL, PADIKKAL HOUSE, KARAPPADAM, MOOLAMKODE,
ALATHUR, PALAKKAD, PIN - 678683
2 ISMAIL
AGED 63 YEARS
S/O.SULAIMAN, PADIKKAL HOUSE, KARAPPADAM,
MOOLAMKODE, ALATHUR, PALAKKAD, PIN - 678683
3 SAHARBAN
AGED 61 YEARS
W/O.ISMAIL, PADIKKAL HOUSE, KARAPPADAM, MOOLAMKODE,
ALATHUR, PALAKKAD, PIN - 678683
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SALIMA
AGED 25 YEARS
D/O.SALIM, W/O.INSHA MUHAMMED, PADIKKAL HOUSE,
KARAPPADAM, MOOLAMKODE, ALATHUR, PALAKKAD, PIN -
678683
OTHER PRESENT:
PP M P PRASANTH
CRL.MC NO.4303 OF 2024
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO.4303 OF 2024
3
ORDER
Dated this the 27th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
the further proceedings in Annexure I Final Report in C.C.No.
13 of 2024 on the files of the Judicial First Class Magistrate
Court-I, Alathur arose out of Crime No. 1296 of 2023 of
Vadakkancherry Police Station, Palakkad. The petitioners are
accused Nos. 1 to 3 in this case.
2. Heard the learned counsel for the petitioners, the
learned counsel appearing for the de facto complainant and
the learned Public Prosecutor.
3. In this matter, offences punishable under Sections
341, 323 and 498A read with Section 34 of the Indian Penal
Code, are alleged to have been committed by the accused.
4. It is submitted that the matter has been amicably
settled and the de facto complainant filed affidavit in this
regard in a case involving matrimonial dispute.
5. The learned Public Prosecutor also submitted that
CRL.MC NO.4303 OF 2024
the matter has been settled between the parties and
statement of the de facto complainant to that effect has been
recorded.
6. Since the dispute has been settled between the
parties, there is no reason to disallow the prayer for
quashment, so as to facilitate peaceful living of the parties
hereinafter. Therefore, in the interest of justice, I am inclined
to allow this petition.
In the result, this petition stands allowed and all further
proceedings in Annexure I Final Report in C.C.No. 13 of 2024
on the files of the Judicial First Class Magistrate Court-I,
Alathur arose out of Crime No. 1296 of 2023 of
Vadakkancherry Police Station, Palakkad, stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
Mms
CRL.MC NO.4303 OF 2024
PETITIONERS ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.13/2024 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE-I,
ALATHUR
Annexure 2 THE AFFIDAVIT DATED 30.04.2024 SWORN BY
THE 2ND RESPONDENT HEREIN EVIDENCING THE
FACTUM OF SETTLEMENT
