—
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA,
1945
CRL.MC NO. 7385 OF 2023
AGAINST THE ORDER/JUDGMENT CC 360/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
PETITIONERS/ACCUSED 1 TO 3:
1 NISHAF AHAMED MUSALIYARAKAM
REP.BY HIS PA HOLDER, HIS MOTHER KADEEJA P.M.
W/O AHAMED KOYA ,KOLLARAKKAL HOUSE ,
POOLAKKADAVU ROAD, PARAMBIL P.O , KURUVATTUR ,
KOZHIKEDE DT., PIN – 673 012.
2 FATHIMA
W/O SAKKARIYA SALAF , KOLLARAKKAL ,
POOLAKADAVU ROAD ,PARAMBIL P.O,KOZHIKODE DT,
PIN – 673 012.
3 KADEEJA
AGED 59 YEARS
W/O AHAMED KOYA MUSALIYARAKAM ,
KOLLARAKKAL HOUSE , POOLAKKADAVU ROAD ,
PARAMBIL P.O , KURUVATTUR , KOZHIKODE DT ,
PIN – 673 012.
BY ADVS.
M.R.REENA
P.S.SUJETH
RESPONDENTS/STATE, DE-FACTO COMPLAINANT:
1 AADILA P.P
AGED 23 YEARS,D/O ABDUL RAHIMAN ,
OTTAPILAKKAL HOUSE ,KIZHAKKUMURI P.O ,
KOZHIKODE TALUK ,KOZHIKODE DT., PIN – 673 611.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682 031.
Crl.M.C. No.7385 of 2023
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BY ADVS
G. SUDHEER- PUBLIC PROSECUTOR
ABDUL VAHID C.H (FOR R1)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.7385 of 2023
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ORDER
Dated this the 30th day of September, 2023
Petitioners are accused Nos.1 to 3 in Crime
No.142/2021 of Chevayoor Police Station, Kozhikode District,
which is now pending as C.C. No.360/2021 on the file of the
Judicial First Class Magistrate Court-I, Kozhikode District,
alleging commission of offences punishable under Sections
406 r/w Section 34 and 498A of the Indian Penal Code.
2. Learned counsel appearing for the petitioners
would submit that the entire issues between the petitioners
and the 1st respondent (the de facto complainant) have been
settled. Learned counsel appearing for the petitioners also
refers to Annexure-A4 affidavit executed by the
1st respondent to establish that the entire issues between the
petitioners and the 1st respondent have been settled and the
1st respondent does not intend to continue with the
proceedings against the petitioners.
3. Learned Public Prosecutor and the learned counsel
appearing for the 1st respondent affirms that the entire
Crl.M.C. No.7385 of 2023
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disputes between the petitioners and the 1st respondent have
been settled and that the 1 st respondent does not wish to
continue with the proceedings against the petitioners.
4. Having heard the learned counsel appearing for
the petitioners, learned Public Prosecutor and the learned
counsel appearing for the 1st respondent, I am of the view
that this Crl.M.C. can be allowed on the ground of settlement.
There is no public interest involved in continuing the
proceedings against the petitioners. Therefore, in exercise of
the jurisdiction vested in this Court under Section 482 of the
Code of Criminal Procedure, further proceedings against the
petitioners can be quashed on the ground of settlement.
Accordingly, the Crl.M.C is allowed and all further
proceedings in C.C No.360/2021 on the file of the Judicial
First Class Magistrate Court-I, Kozhikode District (Crime
No.142/2021 of Chevayoor Police Station) will stand quashed
as against the petitioners.
Sd/-
GOPINATH P.
JUDGE
AMR
Crl.M.C. No.7385 of 2023
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APPENDIX OF CRL.MC 7385/2023
PETITIONERS’ ANNEXURES
Annexure A1 PHOTO COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE 1ST PETITIONER.
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.142/2021 OF CHEVAYOOR POLICE
STATION , KOZHIKODE IN CC 360/2021
JFCM-1,KOZHIKODE.
Annexure A3 PHOTOCOPY COPY OF THE AGREEMENT
EXECUTED BETWEEN THE PETITIONER AND
THE 1ST RESPONDENT DATED 06-07-2023.
Annexure A4 AFFIDAVIT FILED BY THE 1ST RESPONDENT
DATED 23/8/2023.