Kerala High Court
Shifas vs State Of Kerala on 27 March, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 374 OF 2024
CRIME NO.1141/2022 OF Alappuzha South Police Station,
Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.487 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA
PETITIONER/S:
SHIFAS
AGED 31 YEARS
S/O NAVAS,PUTHUVAL PURIADOM, CANAL WARD,
ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PRESENTLY
RESIDING AT NIBAS BUILDING, LAJANATH WARD,
ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PIN - 688011
BY ADVS.
R.UMASANKAR
S.GULZAR
RESPONDENT/S:
1 STATE OF KERALA
S.H.O, ALAPPUZHA SOUTH POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682031
2 SHEEJA
AGED 51 YEARS
W/O ASHRAF, RESIDING AT ISHA APARTMENT,
THIRUVAMPADY P.O, VATTAYAL WARD, ALAPPUZHA, PIN -
688002
3 ASHRAF
AGED 62 YEARS
S/O AHMED KUNJU, RESIDING AT ISHA APARTMENT,
THIRUVAMPADY P.O, VATTAYAL WARD, ALAPPUZHA, PIN -
688002
Crl.M.C.No.374 of 2024
2
4 FATHIMA
AGED 21 YEARS
D/O ASHRAF, RESIDING AT ISHA APARTMENT,
THIRUVAMPADY P.O, VATTAYAL WARD, ALAPPUZHA, PIN -
688002
OTHER PRESENT:
SR.PP. RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.374 of 2024
3
ORDER
Dated this the 27th day of March, 2024
Petitioner is the accused in Crime No.1141 of
2022 registered at the Alappuzha South Police
Station for offences punishable under Sections
326, 323, 341, 324, 354, 354B, 294(b) and 506 of
IPC, now pending as CC No.487 of 2023 on the files
of the Judicial First Class Magistrate Court-I,
Alappuzha. The de facto complainant and other
injured witnesses are arrayed as respondents 2 to
4. Annexures A3 to A5 affidavits have been filed
by respondents 2 to 4 stating that the dispute,
which had compelled them to file the complaint,
leading to registration of the crime, has been
settled amicably and they have no subsisting
grievance against the petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that no antecedents
are reported against the petitioner.
3. Having considered the gravity of the
offences alleged, nature of the injury caused and
having perused the affidavits, the contents of
which are vouched to be true and voluntary by the
Counsel for respondents 2 to 4, I am satisfied
that no public interest is involved in this matter
and the dispute has been settled amicably. 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 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-A2 final report and all further
proceedings in CC No.487 of 2023 on the files of
the Judicial First Class Magistrate Court-I,
Alappuzha, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure A1 COPY OF THE F.I.R IN CRIME NO.1141/2022
OF ALAPPUZHA SOUTH POLICE STATION DATED
16.12.2022
Annexure A2 COPY OF THE FINAL REPORT IN CRIME
NO.1141/2022 OF ALAPPUZHA SOUTH POLICE
STATION DATED 16.03.2023
Annexure A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 11.12.2023
Annexure A4 AFFIDAVIT FILED BY THE 3RD RESPONDENT
DATED 11.12.2023
Annexure A5 AFFIDAVIT FILED BY THE 4TH RESPONDENT
DATED 11.12.2023
