Kerala High Court
Ramees Raja vs The State Of Kerala on 6 November, 2024
2024:KER:82751
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
CRL.MC NO. 6848 OF 2024
CRIME NO.665/2023 OF CHERANELLOOR POLICE STATION, ERNAKULAM
CC NO.469 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX,
ERNAKULAM
PETITIONERS/ACCUSED 1 TO 3:
1 RAMEES RAJA
AGED 28 YEARS
S/O.HASHIM, THAYYOTH PARAMBU HOUSE, PALLIPPARAMBU ROAD,
CHERANALLOOR P.O., CHERANALLOOR VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT., PIN - 683544
2 HASHIM
AGED 53 YEARS
S/O.ISMAIL, THAYYOTH PARAMBU HOUSE, PALLIPPARAMBU ROAD,
CHERANALLOOR P.O., CHERANALLOOR VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 683544
3 SAJEENA
AGED 48 YEARS
W/O.HASHIM, THAYYOTH PARAMBU HOUSE, PALLIPPARAMBU ROAD,
CHERANALLOOR P.O., CHERANALLOOR VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 683544
BY ADVS. V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B.CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS/STATE AND COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
2 THE STATION HOUSE OFFICER
CHERANALLOOR POLICE STATION, ERNAKULAM DISTRICT., PIN - 682034
3 FATHIMA NAZRIN
D/O P.S.NAZRIN, PALLIPADATH VEETTIL, PANANGAD P.O., S.N.PURAM
VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680665
R1 & R2 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE
R3 BY ADV.BIJU GEORGE (VADASSERY)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON 06.11.2024, PASSED THE FOLLOWING:
CRL.MC NO.6848 OF 2024
2
2024:KER:82751
ORDER
Dated this the 6th day of November, 2024
This Criminal Miscellaneous Case has been filed under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
to quash all further proceedings in Annexure-I Final Report in
C.C.No.469/2023 on the files of the Judicial First Class
Magistrate Court-IX, Ernakulam, arose out of Crime
No.665/2023 of Cheranellur Police Station, Ernakulam. The
petitioners herein are accused No.1 to 3 in the above case.
2. Heard the learned counsel for the petitioners, the
learned counsel appearing for the de facto complainant and the
learned Public Prosecutor.
3. In this matter, offence punishable under Section
498A r/w Section 34 of the Indian Penal Code, is alleged to have
been committed by the accused.
4. It is submitted that the matter has been amicably
CRL.MC NO.6848 OF 2024
2024:KER:82751
settled and the de facto complainant filed affidavit in this regard
in a case involving matrimonial dispute.
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and statement
of the de facto complainant to that effect has been recorded.
6. Since the dispute has been settled between the
parties, there is no reason to disallow the prayer for quashment,
so as to facilitate peaceful living of the parties hereinafter.
Therefore, in the interest of justice, I am inclined to allow this
petition.
In the result, this petition stands allowed. All further
proceedings in Annexure-I Final Report in C.C.No.469/2023 on the
files of the Judicial First Class Magistrate Court-IX, Ernakulam,
arose out of Crime No.665/2023 of Cheranellur Police Station,
Ernakulam, against the petitioners herein, stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
Bb
CRL.MC NO.6848 OF 2024
2024:KER:82751
PETITIONERS' ANNEXURES
Annexure I THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 29.5.2023
TOGETHER WITH FINAL REPORT DATED
20.6.2023 IN CRIME NO.665/2023 OF THE
CHERANALLOOR POLICE STATION, ERNAKULAM
Annexure II TRUE COPY OF THE CASE STATUS OF C.C.
NO.469/2023 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-IX,
ERNAKULAM AS DOWNLOADED FROM THE E-
COURTS SERVICES
Annexure III TRUE COPY OF THE JUDGMENT DATED
11.6.2024 IN O.P.NO.461/2024 OF THE
FAMILY COURT, IRINJALAKUDA
Annexure IV TRUE COPY OF THE AGREEMENT DATED
30.4.2024 ENTERED INTO BETWEEN THE 1ST
PETITIONER AND THE 3RD RESPONDENT ALONG
WITH THE MUBARA'AT AGREEMENT DATED
30.4.2024
Annexure V THE AFFIDAVIT DATED 30.4.2024 SWORN TO
BY THE 3RD RESPONDENT
RESPONDENTS' ANNEXURES : NIL
