Crime No. 1253/2011 Of … vs Shefeek on 17 June, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

WEDNESDAY, THE 5TH DAY OF JULY 2017/14TH ASHADHA, 1939

Crl.MC.No. 4438 of 2017 ()
—————————

CRIME NO. 1253/2011 OF KILIKOLLOOR POLICE STATION , KOLLAM

PETITIONER(S)/ACCUSED NOS.1 TO 3:
————————————————–

1. SHEFEEK
S/O TAJUDEEN, AGED 34 YEARS, IYRATTUVILA VEEDU, COLLEGE
NAGAR, KILIKOLLOOR VILLAGE, KOLLAM.

2. RAFEEK,
S/O TAJUDEEN, AGED 37 YEARS, IYRATTUVILA VEEDU, COLLEGE
NAGAR, KILIKOLLOOR VILLAGE, KOLLAM.

3. NASEEMA,
W/O TAJUDEEN, AGED 55 YEARS, IYRATTUVILA VEEDU, COLLEGE
NAGAR, KILIKOLLOOR VILLAGE, KOLLAM.

BY ADVS.SRI.PRATHEESH.P
SMT.S.SEETHA

RESPONDENT(S)/STATE DEFACTO- COMPLAINANT :
———————————————————————-

1. STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE
STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682031.

2. NIJANA,
D/O SHEBANA, AGED 27 YEARS,
NISHA MANZIL, KAIKKARA PURAYIDOM, PALLITHOTTAM, KOLLAM
WEST VILLAGE, KOLLAM 691371.

R2 BY ADV. SRI.A.MUHAMMED RAFFI
R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-07-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4438 of 2017 ()
—————————

APPENDIX

PETITIONER(S)’ EXHIBITS
———————————–

ANNEXURE 1 THE COPY OF FIR IN CRIME NO.1253/2011 OF KILIKOLLOOR POLICE
STATION.

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME NO.1253/2011 OF
KILIKOLLOOR POLICE.

ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING
THE COMPROMISE DATED 17.6.2017.

RESPONDENT(S)’ EXHIBITS : NIL
———————–

// True Copy //

PA to Judge

B.SUDHEENDRA KUMAR, J.
– – – – – – – – – – – – – – — – – — – – – – – – – – – — – – – – – – – –
Crl.M.C. No.4438 of 2017
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – –
Dated this the 5th day of July 2017

O R D E R

The petitioners are the accused in C.C.No.825 of 2012

on the files of the court below. The offence alleged is the

offence under Section 498A read with section 34 I.P.C.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter

has been settled between the parties. The second

respondent, who is the de-facto complainant in this case,

filed affidavit stating that the matter has been settled

between the parties and hence, she has no further grievance

against the petitioners. Since the matter has been settled between

the parties, quashing the said offence would secure the ends of

justice. For the said reason, I am inclined to quash Annexure-

2 final report and further proceedings against the petitioners

in C.C. No.825 of 2012 on the files of the court below, in

Crl.M.C.4438/2017
-: 2 :-

exercise of the inherent power under Section 482 Cr.P.C.,

to meet the ends of justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

B.SUDHEENDRA KUMAR,
JUDGE
dl/5.7.2017

Leave a Comment

Your email address will not be published. Required fields are marked *