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Junesh Mon 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.2250 OF 2021(A)

IN CC NO.170/2021 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, NILAMBUR IN CRIME NO.873/2020 OF EDAKKARA POLICE STATION,
MALAPPURAM DISTRICT

PETITIONERS/ACCUSED:

1 JUNESH MON, AGED 31 YEARS, S/O. ABDUL KAREEM,
OTTAKATH CHOLAKKAL HOUSE, EDAKKARA AMSOM, DESOM,
POOKKOTTUMANNA P.O, NILAMBUR TALUK,
MALAPPURAM DISTRICT.

2 ABDUL KAREEM, AGED 60 YEARS, S/O. ABOOBACKER,
OTTAKATH CHOLAKKAL HOUSE, EDAKKARA AMSOM, DESOM,
POOKKOTTUMANNA P.O, NILAMBUR TALUK,
MALAPPURAM DISTRICT.

3 KHADEEJA, AGED 52 YEARS, W/O. ABDUL KAREEM,
OTTAKATH CHOLAKKAL HOUSE, EDAKKARA AMSOM, DESOM,
POOKKOTTUMANNA P.O, NILAMBUR TALUK,
MALAPPURAM DISTRICT.

BY ADV. SRI.P.SAMSUDIN

RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.

(CRIME NO. 873/2020 OF EDAKKARA POLICE STATION IN
MALAPPURAM DISTRICT)

2 NIHALA JABIN, AGED 25 YEARS, D/O. ABDUL NASAR,
PANGIYIL HOUSE, EDAKKARA AMSOM, DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN-679 331.

R2 BY ADV. SRI.M.ANUROOP
SMT. M.N, MAYA, 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.2250 OF 2021(A)

-2-

ORDER

Dated this the 7th day of May 2021

The petitioners are the accused in Crime

No.873 of 2020 of the Edakkara Police Station. It

is alleged that they have committed offences

punishable under Sections 498A, 406 r/w Section 34

of the Indian Penal Code (IPC). Following the

filing of the Final Report, the matter is now

pending as C.C.No.170 of 2021 on the file of the

Judicial First Class Magistrate Court, Nilambur,

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

that this case arose out of marital discord. The
Crl.MC.No.2250 OF 2021(A)

-3-

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

of justice would justify the exercise of the
Crl.MC.No.2250 OF 2021(A)

-4-

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.170 of 2021 on the file of the Judicial

First Class Magistrate Court, Nilambur, and all

further proceedings thereon will stand quashed as

against the petitioners.

This Criminal M.C. is disposed of,

accordingly.

Sd/-

GOPINATH P.

JUDGE
akv
Crl.MC.No.2250 OF 2021(A)

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APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR AND COMPLAINT
IN CRIME NO. 873/2020 OF EDAKKARA
POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 873/2020 OF EDAKKARA POLICE
STATION.

ANNEXURE A3 THE ORIGINAL AFFIDAVIT DATED 31-03-2021
SWORN IN BY THE 2ND RESPONDENT.

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