IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
WEDNESDAY, THE 17TH DAY OF APRIL 2019 / 27TH CHAITHRA, 1941
Crl.MC.No. 1611 of 2019
CRIME NO. 637/2018 OF NALLALAM POLICE STATION , KOZHIKODE
PETITIONER/ACCUSED:
1 MUBASHIR.N., AGED 28 YEARS
S/O.MOIDHEENKOYA, NADUVILAKATH HOUSE,
NAGATHUMPADAM, OLAVANNA DESOM, KOZHIKODE TALUK,
KOZHIKODE – 673 027.
2 AYISHA, W/O.MOIDHEENKOYA, NADUVILAKATH HOUSE,
NAGATHUMPADAM, OLAVANNA DESOM, KOZHIKODE TALUK,
KOZHIKODE – 673 027.
3 RAHMATHULLAN N, S/O.MOIDHEENKOYA, NADUVILAKATH
HOUSE, NAGATHUMPADAM, OLAVANNA DESOM, KOZHIKODE
TALUK, KOZHIKODE – 673 027.
BY ADV. SRI.E.C.AHAMED FAZIL
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031..
2 SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION,
KOZHIKODE DISTRICT-673612.
3 FAHIMA YASMINE K, D/O.HUSSAIN, AGED 21, RESIDING AT
KUNIYIL HOUSE, RAMANATUKARA, NALLALAM POST,
KOZHIKODE – 673 027.
R3 SRI.K.M.FIROZ
R3 SMT.M.SHAJNA
R1 R2 PP: SRI AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1611 of 2019
2
ORDER
Petitioners are accused in Crime No.637/2018 of
Nallalam Police Station, Kozhikode District, for the offence
punishable under section 498A of the Indian Penal Code.
2. The learned counsel for the petitioners submits
that all the disputes between the petitioners and the third
respondent are amicably settled and the third respondent
has no grievance against the petitioners. Evidencing the
same, the third respondent had sworn an affidavit stating
that all the disputes are amicably settled between the
parties and that the third respondent has no grievance
against the petitioners.
3. Having taken into consideration of the fact that
the matter is settled between the parties, no purpose will
be served by proceeding with the prosecution. The offence
is purely personal in nature. In other words, no public
interest is invovled.
4. The learned Public Prosecutor on instructions
submits that the second respondent has recorded the
Crl.MC.No. 1611 of 2019
3
statement of the defacto complainant and it is disclosed
that the disputes between the petitioners and the third
respondent are amicably settled. The learned Public
Prosecutor further submits that there are no legal
impediment in terminating the proceedings.
5. In view of the above, all further proceedings
pursuant to Annexure-A1 FIR in Crime No.637/2018 of
Nallalam Police Station, Kozhikode District, stands
quashed.
In the result, Crl.M.C is allowed as stated above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
Crl.MC.No. 1611 of 2019
4
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.637 OF
2018 OF NALLALAM POLICE STATION,
KOZHIKODE.
ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 3RD RESPONDENT.
RESPONDENT’S/S EXHIBITS NIL