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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