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Judgments of Supreme Court of India and High Courts

Ashik vs State Of Kerala on 4 January, 2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
CRL.MC NO. 8413 OF 2023
CRIME NO.370/2022 OF Paravoor Police Station, Kollam
C.C.NO.349 OF 2022 ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOLLAM
PETITIONERS/ACCUSED:

1 ASHIK
AGED 32 YEARS, S/O SULFIKAR,
SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM,
PIN – 691 301.
2 SEENATH BEEVI
AGED 56 YEARS, W/O SULFIKAR,
SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM,
PIN – 691 301.
3 RUBY
AGED 33 YEARS, W/O SHAMEER,
SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM,
PIN – 691 301.
4 SHAMEER
AGED 37 YEARS, S/O SULFIKAR,
SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM,
PIN – 691 301.
BY ADV JOMY K. JOSE

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN – 682 031.
2 AGIYA FATHIMA
AGED 27 YEARS, D/O JULI LATHEEF,
VISMAYA, PONKUNNAM P.O, KANJIRAPPALLY, KOTTAYAM,
PIN – 686 506.
BY ADVS.
SRI. ANANDHU SATHYAN ( FOR RESP),
SRI. VENUGOPAL V (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8413 OF 2023 2

ORDER

Petitioners are the accused in Crime No.370 of 2022 of

Paravoor Police Station, Kollam district, which is now pending as

C.C.No.349 of 2022 on the file of the Judicial First Class

Magistrate Court, Kollam alleging commission of offences

punishable under Sections 498A and 34 of the Indian Penal

Code.

2. Learned counsel appearing for the petitioners would

submit that the entire issues between the petitioners and the 2nd

respondent (the de facto complainant) have been settled.

Learned counsel appearing for the petitioners also refers to

Annexure-A3 affidavit executed by the 2 nd respondent to

establish that the entire issues between the petitioners and the

2nd respondent have been settled and the 2 nd respondent does not

intend to continue with the proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent confirm that the entire disputes

between the petitioners and the 2nd respondent have been settled

and that the 2nd respondent does not wish to continue with the

proceedings against the petitioners.

CRL.MC NO. 8413 OF 2023 3

4. Having heard the learned counsel appearing for the

petitioners, learned Public Prosecutor and the learned counsel

appearing for the 2nd respondent, I am of the view that this

Crl.M.C. can be allowed on the ground of settlement. There is no

public interest involved in continuing the proceedings against

the petitioners. Therefore, in exercise of the jurisdiction vested

in this Court under Section 482 of the Code of Criminal

Procedure, further proceedings against the petitioners can be

quashed on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further

proceedings in C.C.No.349 of 2022 on the file of the Judicial

First Class Magistrate Court, Kollam (arising out of Crime

No.370 of 2022 of Paravoor Police Station, Kollam district) will

stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE
ats
CRL.MC NO. 8413 OF 2023 4

APPENDIX OF CRL.MC 8413/2023

PETITIONERS’ ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 370/2022 OF
PARAVOOR POLICE STATION, KOLLAM DISTRICT DATED
10-05-2022

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.

370/2022 OF PARAVOOR POLICE STATION, KOLLAM
DISTRICT DATED 06-06-2022

Annexure A3 ORIGINAL COPY OF THE AFFIDAVIT SWORN TO BY THE
RESPONDENT NO: 2 DATED 25-09-2023

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