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Mubashir.N. vs The State Of Kerala on 17 April, 2019

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

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