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Judgments of Supreme Court of India and High Courts

(To Quash All Further Proceedings … vs State Of Punjab [2012 (10) Scc 303] … on 7 May, 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

Crl.MC.No.2554 OF 2021(H)

(TO QUASH ALL FURTHER PROCEEDINGS PENDING AGAINST THE PETITIONERS
IN ANNEXURE A2 AS CC NO.408/2018 ON THE FILE OF CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD)

(FIR DATED 16.09.2017 IN CRIME NO.832/2017 OF KASARAGOD POLICE
STATION)

PETITIONERS/ACCUSSED NOS.1 TO 3:

1 CEEPURAYIL RASHID @ RASHI, AGED 36 YEARS,
S/O.SALAHUDDIN.K.P., KOHINOOR MANSION,
NEAR SHARAF COLLEGE PADNE, POST PADNE,
HOSDURG TALUK, KASARAGOD DISTRICT-671 312.

2 RAHIYANATH, AGED 53 YEARS,
W/O.SALAHUDDIN.K.P., KOHINOOR MANSION,
NEAR SHARAF COLLEGE PADNE, POST PADNE,
HOSDURG TALUK, KASARAGOD DISTRICT-671 312.

3 RASHIDA, AGED 32 YEARS, D/O.SALAHUDDIN.K.P.,
KOHINOOR MANSION, NEAR SHARAF COLLEGE PADNE,
POST PADNE, HOSDURG TALUK,
KASARAGOD DISTRICT-671 312.

BY ADV. SMT.ROSIN JOSEPH K

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682 031.

2 AYSHATH SHEYANA ASMI PATTEL, AGED 32 YEARS,
D/O.AMEER ALI PATTEL, RESIDING AT PATTEL PALACE,
PATTEL ROAD, THALANGARA, KASARAGOD DISTRICT,
PIN-671 122.

R2 BY ADV. RISHI VARMA T.R.
PP, MS.M.N.MAYA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2554 OF 2021(H)

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ORDER

Dated this the 7th day of May 2021

The petitioners are the accused in Crime

No.832 of 2017 of Kasaragod Police Station. The

said crime was registered alleging commission of

offences punishable under Sections 406 and 498A of

the Indian Penal Code (IPC). The case is now

pending as C.C.No.408 of 2018 on the file of the

Chief Judicial Magistrate Court, Kasaragod,

alleging commission of offences under the

aforesaid provisions of the IPC.

2. I have heard the learned counsel for the

respective parties and the learned Public

Prosecutor.

3. On going through the pleadings and the

records produced before this Court, it is seen

that this case arose out of marital discord. The

de facto complainant has sworn to an affidavit

before this Court stating that she has no
Crl.MC.No.2554 OF 2021(H)

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objection in the proceedings initiated against the

petitioners being quashed. There is no reason to

doubt the genuineness of the settlement.

4. The Hon’ble Supreme Court in Gian Singh

vs. State of Punjab [2012 (10) SCC 303] and

Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur

and others vs. State of Gujarat and another

[(2017) 9 SCC 641] has held that considering the

facts and circumstances of a case, where the High

Court is satisfied that an amicable settlement has

been arrived between the parties and the offence

is not serious in nature involving mental

depravity etc., criminal proceedings may be

quashed, in order to secure the ends of justice.

5. After considering the facts and

circumstances of the case I am convinced that ends

of justice would justify the exercise of the

inherent power of this Court. No public interest

is involved. The chances of conviction are remote
Crl.MC.No.2554 OF 2021(H)

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and the continuation of the proceeding would only

be a wastage of judicial time.

In the result, this Criminal M.C. will stand

allowed. All further proceedings in C.C.No.408 of

2018 on the file of the Chief Judicial Magistrate

Court, Kasaragod, will stand quashed as against

the petitioners.

This Criminal M.C. is disposed of,

accordingly.

Sd/-

GOPINATH P.

JUDGE
akv
Crl.MC.No.2554 OF 2021(H)

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APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 A CERTIFIED COPY OF THE FIR DATED
16.09.2017 IN CRIME NO.832 OF 2017 OF
KASARAGOD POLICE STATION.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 17.02.2018 IN CRIME NO.832 OF
2017 AS NUMBERED AS CC NO.408 OF 2018
ON THE FILE OF CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD.

ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED
29.04.2021 SIGNED BY 2ND
RESPONDENT/DEFACTO COMPLAINANT BEFORE
AN ADVOCATE.

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