Kerala High Court
Abdul Wahid 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. 9587 OF 2023
CRIME NO.93/2023 OF Balussery Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.553 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA
PETITIONER/S:
1 ABDUL WAHID
AGED 38 YEARS
S/O. FASALU RAHMAN, ADHIKARINILAM PARAMBRA,
CHERUVANNOR, KOZHIKODE DISTRICT,, PIN - 673015
2 GOWHAR RAHMAN
AGED 63 YEARS
S/O. FASALU RAHMAN, ARSH HOUSE, KUYYALIL, CHINNAN
NAIR ROAD, VELLIPARAMBA, KUTTIKATTOOR, KOZHIKODE
DISTRICT, PIN - 673008
3 SHAHIRA
AGED 52 YEARS
W/O. HARSHAD HYDROSE, KUYYALIL, CHINNAN NAIR
ROAD, VELLIPARAMBA, KUTTIKATTOOR, KOZHIKODE
DISTRICT, PIN - 673008
4 ZAKIR AHAMMED
AGED 46 YEARS
S/O. FASALU RAHMAN, ADHIKARINILAM PARAMBRA,
KOLATHARA, KOZHIKODE DISTRICT, PIN - 673027
5 SHERIN NISHA
AGED 38 YEARS
W/O. ARUN SHA, KOTTAR HOUSE, KALATHODE, OLLUKARA,
THRICHUR DISTRICT, PIN - 680665
BY ADV SAYED MANSOOR BAFAKHY THANGAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
BALUSHERRY POLICE STATION, KOZHIKODE, PIN -
Crl.M.C.No.9587 of 2023
2
673612
3 HAFSATH C.K
AGED 30 YEARS
D/O. ABOOBAKKAR, KOLANGARAAM POYYIL HOUSE,
UNNIKULAM, KOZHIKODE DISTRICT, PIN - 673574
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.9587 of 2023
3
ORDER
Dated this the 27th day of March, 2024
Petitioners are the accused in Crime No.93 of
2023 registered at the Balussery Police Station
for offences punishable under Sections 498A and
406 of IPC, now pending as C.C.No.553 of 2023 on
the files of the Judicial First Class Magistrate
Court-II, Perambra. The de facto complainant is
arrayed as the third respondent. Annexure-2
affidavit has been filed by the third 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 antecedents
are reported against the petitioners.
3. Having considered the gravity of 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 third 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-1 final report and all further
proceedings in C.C.No.553 of 2023 on the files of
the Judicial First Class Magistrate Court-II,
Perambra, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE FINAL REPORT
IN CALENDER CASE NO.553 OF 2023 ON THE
FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PERAMBRA, ARISING
OUT OF CRIME NO.93 OF 2023 OF
BALUSHERRY POLICE STATION, KOZHIKODE
DISTRICT
Annexure 2 THE TRUE COPY OF THE AFFIVADIT DATED
04-11-2023 SWORN BY THE 3RD RESPONDENT
