Kerala High Court
The Honourable Mrs. Justice Shircy vs Present on 9 April, 2021
Author: V Shircy
Bench: V Shircy
Crl.MC.No.766 OF 2021(E) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
Crl.MC.No.766 OF 2021(E)
CRIME NO.637/2020 OF Mattannur Police Station , Kannur
PETITIONERS/DEFACTO COMPLAINANT
1 ABDUL AZEEZ,
AGED 46 YEARS
S/O. NOORUDHEEN, DREAM PALACE, KOTHERI, KANNUR
(DIST). PIN-670 702.
2 RAFEENA P.
AGED 35 YEARS
W/O. ABDUL AZEEZ, DREAM PALACE, KOTHERI, KANNUR
(DIST), PIN 670 702.
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENTS/STATE/ACCUSED NOS.1 AND 2:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
2 P.P.KASIM
AGED 49 YEARS
S/O. KUNHAMMAD HAJI, MASKAN, VAYANTHOD, MATTANNUR
(P.O), KANNUR (DIST), PIN-670 702.
3 P.P.NOUFAL
AGED 40 YEARS
S/O. KUNHAMMAD HAJI, DUA, VAYANTHOD, MATTANNUR
(PO), KANNUR (DIST). PIN-670 702.
R2-3 BY ADV. V.R.NASAR
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.766 OF 2021(E) 2
ORDER
Petition under Section 482 of the Code of Criminal Procedure.
2. The 1st petitioner is the de-facto complainant and 2 nd petitioner is the injured in Crime No.637/2020 of Mattannur Police Station registered for the offences punishable under Sections 452,324,354 read with Section 34 of Indian Penal Code .
3. Heard both sides and perused the records.
4. The learned counsel for the petitioners submitted that due to the intervention of the persons in the locality, the entire issues involved in this case have been settled. Annexures A-III and A-IV are the affidavits sworn to by them. The affidavits further indicate that they have no intention to pursue the matter further. Therefore, this petition to quash Annexure I FIR and the entire proceedings against the 2nd and 3rd respondents in Crime No.637 of 2020.
5. Learned counsel appearing for the 2 nd and 3rd respondents also submitted that the entire disputes between the parties have been resolved.
6. The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition, as prayed Crl.MC.No.766 OF 2021(E) 3 for.
7. The nature and gravity of the offences alleged are not serious and now as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.
Considering the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, to subserve the ends of justice, this Crl.M.C. is only to be allowed.
For the foregoing reasons, Annexure-I FIR and the entire proceedings pending against the 2nd and 3rd respondents in Crime No.637 of 2020 of Mattannur Police Station will stand quashed as prayed for.
Sd/-
SHIRCY V. JUDGE smm Crl.MC.No.766 OF 2021(E) 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FIR OF CRIME NO.637/2020 OF THE MATTANNUR POLICE STATION, KANNUR.
ANNEXURE II TRUE COPY OF THE AGREEMENT ENTERED INTO AMONG THE PETITIONERS, 2ND AND 3RD RESPONDENTS.
ANNEXURE III AFFIDAVIT FILED BY THE IST PETITIONER/DE-
FACTO COMPLAINANT.
ANNEXURE IV AFFIDAVIT FILED BY THE 2ND PETITIONER/INJURED.