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Judgments of Supreme Court of India and High Courts

Shabeer K.S vs State Of Kerala on 16 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940

Crl.MC.No. 6569 of 2018

AGAINST THE ORDER IN CC 583/2018 of J.M.F.C.-II,HOSDRUG

CRIME NO. 566/2012 OF VELLARIKUNDU POLICE STATION , KASARGOD

PETITIONER/ACCUSED:

SHABEER K.S.
AGED 27 YEARS
S/O SULAIMAN MH, RESIDING AT KAEATT,
KANAKAPALLY, PARAPPA VILLAGE,
KASARAGOD DISTRICT.

BY ADVS.
SRI.SURESH KUMAR KODOTH
SRI.K.P.ANTONY BINU

RESPONDENTS/STATE COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA – 682031.

2 AFSEENA
AGED 25 YEARS, S/O.MOIDEEN,
RESIDING AT MUTTAMKADAVU HOUSE,
KONNAKKADU, MALOM VILLAGE,
KASARAGOD DISTRICT, 671533.

BY ADV. SRI.A.K.MADHAVAN UNNI

SRI C K PRASAD PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6569 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (‘the Code” for brevity) with a prayer to quash the

proceedings pending against the petitioner.

2. The petitioner is the accused in C.C.No.583 of 2018 on

the file of the Judicial First Class Magistrate II, Hosdurg. The

aforesaid case has originated from Crime No.566 of 2012 registered

at the Vellarikundu Police Station alleging offences punishable

under Section 498A read with Section 34 of the IPC.

3. Initially, the investigation was conducted and final report

was laid before the jurisdictional Magistrate. The learned Magistrate

took cognizance and the case was numbered as CC No.2220 of

2013. In the meanwhile, entire disputes were settled amicably.

Based on the settlement, the accused Nos.1 to 4 and 6, who were

available, were acquitted by the learned Magistrate. The petitioner,

who was working abroad, was not available and hence, the case

against him was split up and renumbered as CC No.583 of 2018.
Crl.MC.No. 6569 of 2018 3

4. The learned counsel appearing for the petitioner

submitted that the entire disputes have been resolved and the

parties have agreed to part ways. He has referred to Annexure-3

affidavit sworn to by the de facto complainant, the 2 nd respondent

herein, to canvass his prayer for quashing the proceedings.

5. Heard the learned counsel for the petitioner as well as

the learned Public Prosecutor.

6. I have gone through Annexure-2 final report as well as

judgment of acquittal rendered by the court below. It is borne out

from the judgment that none of the prosecution witnesses had

deposed in tune with the prosecution case. Furthermore, the de

facto complainant has filed an affidavit stating that she has no

further grievance.

7. In Gian Singh v. State of Punjab [(2012) 10 SCC 303]

and in Narinder Singh v. State of Punjab [(2014) 6 SCC 466],

the Apex Court has laid down that in appropriate cases, the High

Court can take note of the amicable resolution of disputes between
Crl.MC.No. 6569 of 2018 4

the victim and the wrongdoer to put an end to the criminal

proceedings.

8. I am of the firm view that no purpose is going to be

served by directing the petitioner to face the trial at this stage. It

can only be a futile exercise and will only serve to waste precious

judicial time, which can be used for more productive work. This

Court will be justified in quashing the proceedings under Section

482 of the Code.

In the result, this petition is allowed. Annexure-2 final report

and all proceedings pursuant thereto against the petitioner now

pending as C.C.No.583 of 2018 on the file of the Judicial First Class

Magistrate-II, Hosdurg are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE
IAP
Crl.MC.No. 6569 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE FIR NO 566/2012 OF
VELLARIKUNDU POLICE STATION

ANNEXURE 2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO. 566/2012 OF VELLARIKUNDU POLICE
STATION
ANNEXURE 3 AFFIDAVIT DATED 6.7.2018 SWORN BY 2ND
RESPONDENT

RESPONDENTS’ EXHIBITS:

NIL

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