—
Kerala High Court
Subair P.P vs Rasheeda on 18 January, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
THURSDAY, THE 18
DAY OF JANUARY 2024 / 28TH POUSHA,
1945
CRL.MC NO. 11027 OF 2023
CRIME NO.350/2023 OF MUZHAKKUNNU POLICE STATION, Kannur
AGAINST THE ORDER/JUDGMENT CC 766/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,MATTANNUR
PETITIONER/ACCUSED:
UBAIR P.P AGED 49 YEARS S/O.ABDULLA, PUTHIYAPURAYIL
S
HOUSE, ALAYAD, THILLANKERY, KANNUR DISTRICT, PIN -
670702
BY ADVS. M.M.DEEPA P.MAYA
RESPONDENTS/DEFACTO COMPLAINANT STATE:
1
ASHEEDA AGED 38 YEARS W/O.SUBAIR P.P, RESIDING AT
R
RAFIYA MANZIL, NELLUNNI P.O, MATTANNUR, KANNUR
DISTRICT., PIN – 670702
2
TATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
S
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
SR.PP-SRI.VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
8.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
1
CRL.MC NO.11027 OF 2023
2
ORDER
Dated this the 18th day of January , 2024
This Crl.M.C., under Section 482 ofCr.P.C.,isfiledby
thesoleaccusedinCrimeNo.350of2023ofMuzhakkunnu
Police Station, Kannur, registered under Section 498A of
IPC, for quashing Annexure B, chargesheetinC.C.No.766
of 2023 on the file of Judicial First ClassMagistrateCourt,
Mattannur.
2. The prosecution allegation is that, the accused, who
is the husband of the defacto complainant/1st respondent,
subjected her to matrimonial cruelties, demanding more
gold and money.
3. When the matter is taken up for consideration,
learned counsel for the petitioner submitted that the
matter stands settled between himself and the 1st
respondent-defacto complainant. The defacto complainant
entered appearance through counsel, and submitted that
the matter is settled, and Annexure C is the affidavitfiled
CRL.MC NO.11027 OF 2023
3
by her, endorsing the settlement. Shehasnointentionto
proceed with the prosecution. She has no objection in
quashing the proceedings pending against the petitioner
pursuant to Crime No.350 of 2023 of Muzhakkunnu Police
Station.
4. On instructions, learned Public Prosecutor submitted
that the matter is settled, and produced the signed
statement of the 1st respondent, to the effect that she is
notintendingtoproceedwiththeprosecution,andshehas
no objection in quashing Annexure B, charge sheet in
C.C.No.766 of 2023.
5. Sincethematterstandssettled,nopurposewouldbe
served by continuing the prosecution against the petitioner.
6. In the light of the principles laid down by the Apex
Court in Gian Singh v. State of Punjab and Another;
[(2012)10SCC303)],andStateofMadhyaPradesh
v. Laxmi Narayan and Others; [(2019) 5 SCC 688],
this Court is of the view thattheproceedingsagainstthe
CRL.MC NO.11027 OF 2023
4
petitioner can be quashed on the basis of settlement.
Moreover,thedisputeispurelypersonalinnature,andno
public interest is involved in it.
Intheresult,thisCrl.M.C.isallowedandAnnexureB,
charge sheet in C.C.No.766 of 2023 on the file of Judicial
First Class Magistrate Court, Mattannur, stands quashed.
d/-
S
SOPHY THOMAS
JUDGE
SSK/18/01
CRL.MC NO.11027 OF 2023
5
APPENDIX OF CRL.MC 11027/2023
PETITIONER ANNEXURES
Annexure-A
CERTIFIED COPY OF THE F.I.S AND F.I.R IN CRIME NO.
350/2023 OF MUZHAKKUNNU POLICE STATION
Annexure-B
CERTIFIED COPY OF THE CHARGE SHEET IN C.C. NO.
766/2023 OF THE COURT OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANNUR
Annexure-C
ORIGINAL OF THE AFFIDAVIT DATED 07.12.2023 SWORN BY
THE 1ST RESPONDENT
