Kerala High Court
Noufal V.K vs Fathimathul Misriya on 23 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3705 OF 2024
CRIME NO.13/2022 OF KANNUR CITY POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.708 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR
PETITIONERS/ACCUSED:
1 NOUFAL V.K
AGED 37 YEARS, S/O. ABDULLA,
PONNANJERI HOUSE, FATHIMA MANZIL,
MUNDAYAD P.O, VARAM,
KANNUR DT., PIN - 670594
2 NAJEEMA V.K
AGED 63 YEARS, W/O. ABDULLA,
PONNANJERI HOUSE, MUNDAYAD P.O,
VARAM, KANNUR DT., PIN - 670594
3 SAMEERA V.K
AGED 38 YEARS, D/O. ABDULLA,
PONNANJERI HOUSE, MUNDAYAD P.O,
VARAM, KANNUR DT., PIN - 670594
4 SHANAVAS KOYYONTE VALAPP
AGED 40 YEARS, S/O. HUSSAIN,
KOYYONTE VALAPPIL, PALLIPPOYIL,
MOUVANCHERI P.O, KANNUR DT., PIN - 670613
5 MUNEER VELLUVAKKANDY
AGED 46 YEARS, S/O. ABDULLA,
PONNANJERI HOUSE, MUNDAYAD P.O,
VARAM, KANNUR DT., PIN - 670594
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
ADHEELA NOWRIN
RESPONDENTS/DEFACTO-COMPLAINANT & STATE:
1 FATHIMATHUL MISRIYA
AGED 25 YEARS, D/O RAFEEQUE,
DHARUL HUDA (H), KADALAYI P.O,
KANNUR DT., PIN - 670003
Crl.M.C.No.3705 of 2024
:2:
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SRI.RENJITH T.R. - PP
SRI.ABU SIDDIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3705 of 2024
:3:
BECHU KURIAN THOMAS, J.
---------------------------------------
Crl.M.C. No.3705 of 2024
---------------------------------------
Dated this the 23rd day of May, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against them.
2. Petitioners are the accused in C.C. No.708/2022 on the files of
the Judicial Magistrate of First Class-II, Kannur, arising out of Crime
No.13/2022 of Kannur City Police Station, registered for the offences
under Sections 498-A read with Section 34 of the Indian Penal Code,
1860. The 1st respondent is the defacto complainant.
3. According to the prosecution the accused had physically and
mentally harrassed the defacto complainant and demanded money and
gold and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned
counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the
matter has been settled and hence the proceedings against the
petitioners ought to be quashed. It was also submitted that, considering
the nature of offences alleged, no purpose would be served by
continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10
SCC 303], the Apex Court has held that in appropriate cases, the High
Court can take note of the amicable resolution of disputes between the
victim and the wrongdoer to put an end to the criminal proceedings.
This view was reiterated in Narinder Singh and Others v. State of
Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and
Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
7. I have perused Annexure A2 affidavit filed by the 1st
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and the
defacto complainant stands by the contents thereof. I am satisfied that
the matter has been settled and no public interest is involved in this
case. There is no impediment for granting the prayer for quashing. The
continuance of the proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioner in C.C.
No.708/2022 on the files of the Judicial Magistrate of First Class-II,
Kannur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONERS' ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 13 OF 2022 OF KANNUR CITY
POLICE STATION
Annexure A2 AFFIDAVIT SWORN BY THE 1ST RESPONDENT
DATED 19-10-2022
