Kerala High Court
Jezwin Rasheed vs State Of Kerala on 14 November, 2024
2024:KER:86102
CRL.MC NO. 2543 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA,
1946
CRL.MC NO. 2543 OF 2024
CRIME NO.3002/2023 OF THOPPUMPADY POLICE STATION,
ERNAKULAM
PETITIONERS/ACCUSED NOS.1 TO 3:
1 JEZWIN RASHEED
AGED 34 YEARS
S/O RASHEED N. K, CC NO.14/1985,
R.K.PILLAI ROAD, KARUVELIPADY,
KOCHI, PIN - 682005
2 RASHEED N K
AGED 68 YEARS
S/O KUNJO N A, HOUSE NO.14/1985,
R.K.PILLAI ROAD, KARUVELIPADY,
KOCHI, PIN - 682005
3 SHAKEELA RASHEED
AGED 61 YEARS
W/O RASHEED N.K, HOUSE NO.14/1985,
R.K.PILLAI ROAD, KARUVELIPADY,
KOCHI, PIN - 682005
BY ADVS.
R.O.MUHAMED SHEMEEM
NASEEHA BEEGUM P.S.
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REP. BY STATION HOUSE OFFICER,
THOPPUMPADY POLICE STATION, THOPPUMPADY,
KOCHI REPRESENTED BY PUBIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
PIN- 682011
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CRL.MC NO. 2543 OF 2024
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2 JASNA ABDUL JABBAR
AGED 33 YEARS
D/O. ABDUL JABBAR,
RESIDING AT FLAT NO. 13-F,
VEEGALAND, KINGS FORT FLAT, MATHOOR,
EROOR, NADAMA, NEAR RAILWAY BRIDGE,
ERNAKULAM CITY, PIN - 682306
BY ADV M.H.ASIF ALI
SRI. M P PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
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CRL.MC NO. 2543 OF 2024
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ORDER
Dated this the 14th day of November, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure, 1973,
to quash Annexure 1 FIR, in Crime No.3002/2023 of
Thoppumpady Police Station, Ernakulam, now pending
before the Judicial First Class Magistrate Court-II, Kochi.
The petitioners herein are accused Nos.1 to 3 in the above
crime.
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, offences punishable under
Sections 465, 468, 471, 417, 419 and 420 read with Section
34 of the Indian Penal Code are alleged to have been
committed by the accused. The complainant is none other
than the wife of the 1st accused.
4. It is submitted that the matter has been
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CRL.MC NO. 2543 OF 2024
amicably settled and the de facto complainant filed affidavit in
this regard. The defacto complainant stated in the affidavit
that she has no intention to proceed further in this matter.
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. That apart, the learned Public
Prosecutor also submitted that this case was now referred as
a mistake of fact and refer charge was filed before the
Judicial First Class Magistrate Court-II, Kochi and
R.C.No.57/2024 has been pending challenge against the
refer charge.
6. Since the dispute has been settled in
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 and
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CRL.MC NO. 2543 OF 2024
Annexure 1 FIR and all further proceedings thereof on the
files of the Judicial First Class Magistrate Court-II, Kochi,
arose out of Crime No.3002/2023 of Thoppumpady Police
Station, Ernakulam, as against the petitioners stand
quashed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
2024:KER:86102
CRL.MC NO. 2543 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 A CERTIFIED COPY OF THE FIR IN CRIME
NO. 3002 OF 2023, DATED 20.12.2023 OF
THOPPUMPADY POLICE STATION
ANNEXURE A2 A TRUE COPY OF THE JUDGMENT DATED
14.02.2024 IN OP NO.2475 OF 2023 ON
THE FILE OF LEARNED FAMILY COURT AT
ERNAKULAM
ANNEXURE A3 A TRUE COPY OF THE MEDIATION AGREEMENT
DATED 14.02.2024 BETWEEN THE 1 ST
PETITIONER AND 2 ND RESPONDENT IN OP
NO. 2475 OF 2023 ON THE FILE OF THE
LEARNED FAMILY COURT AT ERNAKULAM.
ANNEXURE A4 ORIGINAL OF AFFIDAVIT EXECUTED BY THE
2ND RESPONDENT ON 14.02.2024
RESPONDENTS ANNEXURES : NIL
