Kerala High Court
Naseera vs Suharabi on 26 September, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 26TH DAY OF SEPTEMBER 2017/4TH ASWINA, 1939
Crl.MC.No. 5911 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 63/2013 of JUDL.M.F.C.-I,
ERNAKULAM
CRIME NO. 4/2012 OF VANITHA CELL, EKM , ERNAKULAM
PETITIONER(S)/ACCUSED NOS 1 AND 2:
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1. NASEERA
AGED 42 YEARS, W/O AYOOB,
THAIPPARAMBIL HOUSE, 3/400, FORT KOCHI,
KOCHI-682001.
2. THANSEELA,
AGED 23 YEARS, W/O SAJEER,
THAIPPARAMBIL HOUSE, 3/400, FORT KOCHI,
KOCHI-682001
BY ADV. SRI.M.H.HANIS
RESPONDENT(S)/DE FACTO COMPLAINANT & STATE :
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1. SUHARABI
AGED 48 YEARS, W/O SAIPHU,
KALARIKKAL HOUSE, KARIPALAM ROAD, MATTANCHERY,
KOCHI-682002.
2. STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE, VANITHA
POLICE STATION, ERNAKULAM DISTRICT
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.
R1 BY ADV. SRI.P.A.MUJEEB
R BY PUBLIC PROSECUTOR:SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5911 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A CERTIFIED COPY OF THE FINAL CHARGE IN
C.C.NO.63/2013 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, ERNAKULAM.
ANNEXURE B NOTARISED AFFIDAVIT OF THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.5911 of 2017
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Dated this the 26th day of September, 2017
ORDER
Petitioners are the accused in C.C.No.63 of 2013 of Judicial First Class Magistrate Court-I, Ernakulam for offences punishable under sections 323, 324 r/w 34 of the Indian Penal Code.
2. It is alleged by the prosecution that on 21.01.2012, accused 1 and 2 attacked the de facto complainant and fisted her. Complaint was laid and crime was registered. After investigation, final report was laid. The matter is now pending. In the meanwhile, parties are stated to have resolved their disputes. An affidavit has been filed as Annexure-B by the de facto complainant, who is arrayed as the first respondent. Learned counsel for the petitioner and learned counsel for the respondent relied on Annexure-B affidavit to contend that the disputes have now been settled between the parties. It was also stated that the parties have no further grievance.
3. Learned Public Prosecutor on instructions submitted that statement of the victim has been recorded, wherein, a settlement has now been reiterated. Having considered these facts and in the nature of the allegations, I feel that this is in the interest of justice, further proceedings in C.C.No.63 of 2013 is liable to given a quietus Crl.M.C.5911/17 2 to.
In the result, Crl.M.C is allowed. All further proceedings in C.C.No.63 of 2013 of Judicial First Class Magistrate Court-I, Ernakulam stand quashed.
Sd/-
SUNIL THOMAS Judge Sbna/26/9/17 True Copy / P A to Judge