Anas vs State Of Kerala on 22 June, 2018

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Kerala High Court

Anas vs State Of Kerala on 22 June, 2018

Bench: Sunil Thomas

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS

          FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940

                            Crl.MC.No.3254 of 2018


       C.C.NO.303/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ALUVA

            CRIME NO.1143/2014 OF ALUVA EAST POLICE STATION, ERNAKULAM



PETITIONERS:-
-------------


1    ANAS,
     S/O.MUHAMMED, MANNACHERIYIL HOUSE, KAITHAKKAD KARA,
     PATTIMATTOM VILLAGE.

2    SIYAD,
     S/O.MAKKAR, MANNACHERIYIL HOUSE, KAITHAKKAD KARA,
     PATTIMATTOM VILLAGE, KARUMALLOOR.

3    HASSAINAR,
     S/O.MEERAN, NATHEKKAD VEEDU, MUTTOM KARA,
     THODUPUZHA.


        BY ADV.SRI.RAJIV NAMBISAN


RESPONDENTS:-
------------

1.   STATE OF KERALA,
     REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2.   SHEHNA,
     W/O.ANAS,MANNACHERIYIL HOUSE,
     KAITHAKKAD KARA, PATTIMATTOM VILLAGE - 683 562.

       R2 BY ADV. SRI.A.M.UMAR NASEEF
       R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2018,THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3254 of 2018


                                  APPENDIX



PETITIONERS' ANNEXURES:
-----------------------

ANNEXURE A       TRUE COPY OF THE FINAL REPORT IN CC 303/15 ON THE FILE OF
                 JFCM 1 ALUVA

ANNEXURE B       AFFIDAVIT OF THE SECOND RESPONDENT




RESPONDENTS' ANNEXURES:
-----------------------

NIL




                                       //True Copy//


                                             P.A. To Judge

Bb

                    SUNIL THOMAS, J.
           ================================
                 Crl.M.C.No.3254 of 2018
          ================================
             Dated this the 22nd day of June, 2018

                          ORDER

The petitioners are accused no. 1 to 3 in CC.No.303/2015 pending before Judicial First Class Magistrate Court 1, Aluva for offences punishable under section 447, 506(1) of IPC and section 118 (D) of Kerala Police Act.

2. The prosecution allegation is that the first petitioner, who is the husband of defacto-complainant along with his friends, who are the remaining petitioners threatened the defacto-complainant over the mobile phone. The complaint was laid and crime was registered as Crime No. 1143/2014 of Aluva East Police Station. After investigation, final report was laid and the matter is now pending consideration.

3. In the meanwhile, the parties have amicably settled Crl.M.C.No.3254 of 2018 2 their disputes. Stating that the second respondent has no further grievances and she does not propose to proceed with the case, an affidavit has been affirmed by the second respondent, produced as Annexure B.

4. The learned counsel for the second respondent acknowledged the due execution of the above affidavit and submitted that the criminal proceedings may be quashed.

5. I am satisfied that the dispute is essentially in the nature of private dispute, without involvement of larger questions of public importance. Hence, I am inclined to invoke jurisdiction under Section 482 of Cr.P.C to quash the entire criminal proceedings.

Crl.M.C is accordingly allowed. All further proceedings in CC.No.303/2015 pending before Judicial First Class Magistrate Court 1, Aluva stand quashed.

Sd/-

SUNIL THOMAS, JUDGE ACM //TRUE COPY// PA TO JUDGE Crl.M.C.No.3254 of 2018 3

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