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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
CRL.MC NO. 5882 OF 2023
AGAINST THE ORDER/JUDGMENT CC 602/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, KASARAGOD
PETITIONERS:
1 MOHAMMED SALEEL. M., AGED 48 YEARS,SON OF MOOSABBA,
KALAI HOUSE, PAIVALIKE, PAIVALIKE VILLAGE, KASARAGOD
DISTRICT-, PIN – 671348
2 KAIRUNNISA. K. A,AGED 30 YEARS,WIFE OF MOHAMMED SALEEL,
KALAI HOUSE, PAIVALIKE, PAIVALIKE VILLAGE, KASARAGOD
DISTRICT-, PIN – 671348
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
HEERAKRISHNA T.H.
SACHIN GEORGE ARAMBAN
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM -, PIN – 682031
2 FATHIMATH SAHIDA,AGED 38 YEARS,DAUGHTER OF MAHAMOOD
SAYYED MOHAMMED ALIAS KATTA MAHAMOOD, MAVINAKATTA
HOUSE, DINAR NAGAR, ICHILANGOD POST, KUBANOOR VILLAGE,
MANJESWAR TALUK, KASARAGOD DISTRICT-, PIN – 671324
OTHER PRESENT:
SRI. VIPIN T JOSE (FOR RESP), SRI. VIPIN NARAYAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No.5882/2023 -2-
ORDER
The petitioners are the accused in Crime No.170/2022 of Kumbla Police
Station, Kasaragod District which is now pending as C.C.No.602/2022 before the
Judicial First Class Magistrate Court-II, Kasaragod. The petitioners face
prosecution under Section 498A of the Indian Penal Code.
2. When the matter is taken up for consideration today it is the
submission of the learned counsel for the petitioners that all issues between the
petitioner and the 2nd respondent (de facto complainant) have been settled. He also
produced an affidavit of 2nd respondent as Annexure-AIII.
3. Heard the learned Public Prosecutor and learned counsel for 2 nd
respondent also.
4. Having regard to the facts and circumstances of the case and
considering the fact that all issues between the petitioners and the 2 nd respondent
have been settled and also considering Annexure-AIII affidavit of 2 nd respondent, I
am of the view that this is fit case where, the jurisdiction of this Court under Section
482 of Cr.P.C. can be invoked and the proceedings against the petitioners can be
quashed on the ground of settlement. No public purpose would be served by
continuing with the proceedings against the petitioners. In the result, this Crl.M.C.
is allowed and all further proceedings against the petitioners, in C.C.No.602/2022,
before the Judicial First Class Magistrate Court-II, Kasaragod will stand quashed.
Sd/-
GOPINATH P.
JUDGE
AMG
Crl. M.C. No.5882/2023 -3-
APPENDIX OF CRL.MC 5882/2023
PETITIONER ANNEXURES
Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.170 OF 2022 OF
KUMBLA POLICE STATION
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.170
OF 2022 OF KUMBLA POLICE STATION
Annexure AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT