Kerala High Court
Haris vs State Of Kerala on 6 March, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.MC No.399 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
CRL.MC NO. 399 OF 2024
CRIME NO.240/2021 OF Koduvally Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.281 OF 2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,THAMARASSERY
PETITIONERS/ACCUSED NOS. 1 TO 4:
1 HARIS
AGED 41 YEARS
S/O. ABOOBACKER, KALLADIKKUNNUMMAL HOUSE, PUTHUPPADI,
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573
2 ABOOBACKER
AGED 68 YEARS
S/O. AALI, KALLADIKKUNNUMMAL HOUSE, PUTHUPPADI,
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573
3 JABIR
AGED 35 YEARS
S/O. ABOOBACKER, KALLADIKKUNNUMMAL HOUSE, PUTHUPPADI,
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573
4 HAJARA
AGED 38 YEARS
W/O. ABDULSALAM, KALLADIKKUNNUMMAL HOUSE, PUTHUPPADI,
THAMARASSERY, KOZHIKODE DISTRICT, NOW RESIDING AT
PULIVALATHI HOUSE, MYLUTHAMPARA, THAMARASSERY,
KOZHIKODE DISTRICT, PIN - 673573
BY ADVS.
K.ABOOBACKER SIDHEEQUE
VISHNU NARAYANAN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN - 682031
Crl.MC No.399 of 2024 2
2 SULEIKHA
AGED 37 YEARS
D/O. LATE KHADHIRI, RESIDING AT VAYALAPEEDIKAYIL,
KIZHAKKOTH, THAMARASSERY, KOZHIKODE DISTRICT, PIN -
673572
BY ADV K.V.WINSTON
OTHER PRESENT:
SRI.V.TEKCHAND-SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.399 of 2024 3
V.G.ARUN J.
-------------------------------
Crl.M.C.No.399 of 2024
--------------------------------
Dated this the 6th day of March 2024
ORDER
Petitioners are the accused Nos. 1 to 4 in Crime
No.240/2021 registered at Koduvally Police Station, Kozhikode
District for offences punishable under Sections 498A and 406
of IPC read with Section 34 of IPC and Section 92(a)(b) of
Rights of Persons with Disabilities Act,2016, now pending as
C.C.No.281/2021 on the files of the Judicial First Class
Magistrate Court-I, Thamarassery. The de facto complainant is
arrayed as the second respondent. Annexure-A2 affidavit has
been filed by the second respondent stating that the dispute,
which had compelled her to file the complaint, leading to
registration of the crime, has been settled amicably and she
has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that no criminal antecedents are
reported against the petitioners.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavit,
the contents of which are vouched to be true and voluntary by
the learned Counsel for the second respondent, I am satisfied
that no public interest is involved in this matter and the
dispute has been settled amicably. Moreover, in view of the
settlement arrived at between the parties, there is no
possibility of the criminal proceedings ending in conviction. As
such, continuance of the proceedings against the petitioners
will amount to an abuse of process of court and hence, in view
of the legal position set out by the Honourable Supreme Court
in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC
582] and Gian Singh v State of Punjab and Another
[(2012) 10 SCC 303], there is no impediment in granting
the relief.
In the result, this Crl.M.C is allowed. Annexure A1 Final
Report and all proceedings in C.C.No.281/2021 on the files of
the Judicial First Class Magistrate Court-I, Thamarassery, as
against the petitioners, are quashed.
Sd/-
V.G.ARUN
JUDGE
dpk
PETITIONER ANNEXURES
Annexure-A1 A CERTIFIED COPY OF THE FINAL REPORT DATED
17.07.2021 IN CRIME NUMBER 240 OF 2021 OF KODUVALLY
POLICE STATION, KOZHIKODE DISTRICT.
Annexure-A2 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE 2ND
RESPONDENT SIGNED DATED 22.06.2023.
