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Firjith Ahammad S.V vs State Of Kerala on 7 May, 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

Crl.MC.No.2249 OF 2021(A)

CC NO.394/2019 PENDING ON THE FILES OF HON’BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, KOZHIKODE IN CRIME NO 483/2019 OF
KASABA POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED NOS 1 AND 2:

1 FIRJITH AHAMMAD S.V, AGED 36 YEARS,
S/O. MUHAMMED BASHEER, CLASSIC HOUSE,
JAIL ROAD, KOZHIKODE-673 004.

2 MUHAMMED BASHEER, AGED 62 YEARS,
S/O. MOIDEEN KOYA, CLASSIC HOUSE,
JAIL ROAD, KOZHIKODE-673 004.

BY ADV. SRI.V.A.VINOD

RESPONDENTS/COMPLAINANT/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.

2 THE STATION HOUSE OFFICER,
KASABA POLICE STATION, KOZHIKODE-673 004.

3 SADIYA FIRJITH AHAMMAD, AGED 33 YEARS,
D/O. ABDU SAMAD, SAJU NIVAS, KANNARI PARAMBA,
KOLATHARA P.O, KOZHIKODE -673 027.

R3 BY ADV. SHAKTHI PRAKASH
SRI C.S. HRITHWIK, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2249 OF 2021(A)

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ORDER

Dated this the 7th day of May 2021

The petitioners are accused Nos. 1 and 2 in

Crime No.483 of 2019 of Kasaba Police Station,

Kozhikode District, alleging the commission of

offences punishable under Sections 403, 405, 406,

498A, 420 r/w Section 34 of the Indian Penal Code

(IPC). Following the filing of the Final Report,

the mater is now pending as C.C.No.394 of 2019 on

the file of the Judicial First Class Magistrate

Court-III, Kozhikode, alleging the commission of

offences under the aforesaid provisions of the

IPC.

2. I have heard the learned counsel for the

respective parties and the learned Public

Prosecutor.

3. On going through the pleadings and the

records produced before this Court, it is seen
Crl.MC.No.2249 OF 2021(A)

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that this case arose out of marital discord. The

de facto complainant has sworn to an affidavit

before this Court stating that she has no

objection in the proceedings initiated against the

petitioners being quashed. There is no reason to

doubt the genuineness of the settlement.

4. The Hon’ble Supreme Court in Gian Singh

vs. State of Punjab [2012 (10) SCC 303] and

Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur

and others vs. State of Gujarat and another

[(2017) 9 SCC 641] has held that considering the

facts and circumstances of a case, where the High

Court is satisfied that an amicable settlement has

been arrived between the parties and the offence

is not serious in nature involving mental

depravity etc., criminal proceedings may be

quashed, in order to secure the ends of justice.

5. After considering the facts and

circumstances of the case I am convinced that ends
Crl.MC.No.2249 OF 2021(A)

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of justice would justify the exercise of the

inherent power of this Court. No public interest

is involved. The chances of conviction are remote.

The continuation of the proceeding would only be a

wastage of judicial time.

In the result, this Criminal M.C. is allowed.

C.C.No.394 of 2019 on the file of the Judicial

First Class Magistrate Court-III, Kozhikode, will

stand quashed as against the petitioners.

This Criminal M.C. is disposed of,

accordingly.

Sd/-

GOPINATH P.

JUDGE
akv
Crl.MC.No.2249 OF 2021(A)

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APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 483/2019 OF KASABA
POLICE STATION, KOZHIKODE.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO. 394/2019 PENDING ON THE FILES
OF HON’BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT III, KOZHIKODE.

ANNEXURE III AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT DATED 12.02.2021.

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