Kerala High Court
Saidhalavikoya Thangal 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. 389 OF 2024
CRIME NO.15/2021 OF VANITHA POLICE STATION, MALAPPURAM,
Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.813 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM
PETITIONER/S:
1 SAIDHALAVIKOYA THANGAL
AGED 43 YEARS
S/O. POOKOYA THANGAL, PULIYAMMAN HOUSE, VENGALAM,
OORAKAM POST POST, TIRURANGADI TALUK, MALAPPURAM
DISTRICT., PIN - 676519
2 KUNJEEVI
AGED 69 YEARS
W/O POOKOYA THANGAL, KIZHUMURI, PULIYAMMAL HOUSE,
OORAKAM POST, TIRURANGADI TALUK, MALAPPURAM
DISTRICT., PIN - 676519
3 SAID MUHAMMEDKOYA THANGAL
AGED 35 YEARS
S/O. KUNJIKOYA THANGAL, VALIYAKKATHODI HOUSE,
KADAMPUZHA JARATHINGAL, KADAMPUZHA POST, TIRUR
TALUK, MALAPPURAM DISTRICT., PIN - 676553
4 BICHEEVI
AGED 31 YEARS
W/O SAID MUHAMMEDKOYA THANGAL, VALIYAKKATHODI
HOUSE, KADAMPUZHA JARATHINGAL, KADAMPUZHA POST,
TIRUR TALUK, MALAPPURAM DISTRICT., PIN - 676553
5 SUMAYYA BEEVI
AGED 38 YEARS
W/O. ABDULLAKOYA, VALIYAKKATHODI HOUSE, MARAKKARA
POST, TIRUR TALUK, MALAPPURAM DISTRICT., PIN -
676553
6 ABDULLAKOYA THANGAL
AGED 49 YEARS
S/O. HABEEBKOYA THANGAL, VALIYAKKATHODI HOUSE,
MARAKKARA POST, TIRUR TALUK, MALAPPURAM
DISTRICT., PIN - 676553
Crl.M.C.No.389 of 2024
2
7 SAIDHALAVIKOYA THANGAL @ BAPPU
AGED 55 YEARS
S/O. KUNJIKOYA THANGAL, EDARIYIL HOUSE, KIZHUMURI
POST, OORAKAM, TIRUR TALUK, MALAPPURAM DISTRICT.,
PIN - 676515
8 ATTAKOYA K V
AGED 45 YEARS
S/O. KUNHI THANGAL, KARUVAMTHIRUTHY HOUSE,
HAJIYARPALLI POST, TIRUR TALUK, MALAPPURAM
DISTRICT., PIN - 676519
9 SAID HUSSAINKOYA THANGAL @ CHERIYABAVA
AGED 44 YEARS
S/O. SAIDHALAVIKOYA THANGAL, PULIKKANAKATH HOUSE,
PARAMBILPEEDIKA POST, TIRUR TALUK, MALAPPURAM
DISTRICT., PIN - 676317
10 MUTHUKOYA K V
AGED 55 YEARS
S/O. KUNHI THANGAL, KARUVAMTHIRUTHY HOUSE,
HAJIYARPALLI POST, TIRUR TALUK, MALAPPURAM
DISTRICT., PIN - 676519
11 CHERIYA KUNHIKOYA @ KUNHIKAKKA
AGED 60 YEARS
KUNHI THANGAL, KARUVAMTHIRUTHY HOUSE,
HAJIYARPALLI POST, TIRUR TALUK, MALAPPURAM
DISTRICT., PIN - 676519
BY ADV BINU V V VEETTIL VALAPPIL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MARLIYATH BEEVI
AGED 33 YEARS
D/O ABDULLA JILANI THANGAL, CITTY HOUSE,
RAYIRIMANGALAM, TANUR POST, TIRUR TALUK,
MALAPPURAM DISTRICT., PIN - 676302
Crl.M.C.No.389 of 2024
3
OTHER PRESENT:
PP VIPIN NARAYAN
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.389 of 2024
4
ORDER
Dated this the 27th day of March, 2024
Petitioners are accused Nos.1 to 11 in Crime
No.15 of 2021 registered at the Malappuram Vanitha
Police Station for offences punishable under
Sections 498A and 406 r/w Section 34 of IPC, now
pending as C.C.No.813 of 2021 on the files of the
Judicial First Class Magistrate Court, Malappuram.
The de facto complainant is arrayed as the second
respondent. Annexure-3 affidavit has been filed by
the second respondent stating that the matrimonial
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 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
Counsel for the second respondent, 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-2 final report and all further
proceedings in C.C.No.813 of 2021 on the files of
the Judicial First Class Magistrate Court,
Malappuram, as against the petitioners, are
quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF FIR REGISTERED BY THE
MALAPPURAM VANITHA POLICE IN CRIME NO.
Annexure 2 TRUE COPY OF FINAL REPORT IN CRIME NO.
15/2021 OF MALAPPURAM VANITHA POLICE
Annexure 3 AFFIDAVIT EXECUTED BY THE 2ND
RESPONDENT DATED 15/12/2023
