2024 Supreme(Online)(Ker) 73974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHEEJA SHAFI – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 3201/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 14TH DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 CRL.MC NO. 3201 OF 2024 CRIME NO.912/2022 OF North Paravur Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.461 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR PETITIONER/ACCUSED:
SHEEJA SHAFI AGED 48 YEARS W/O SHAFI, ANJAMPARUTHIKKAL HOUSE, MALIKAMPEEDIKA, ALANGAD P.O., N.PARAVUR VILLAGE NOW RESIDING AT MARY SADANAM HOUSE, KALLIKUZHI, DIMON MUKKU, MANJALI, MANNAM P.O, PIN – 683520 BY ADV M.K.FAISAL RESPONDENTS/STATE. DEFACTO COMPLAINANT AND CW2:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031
2 SHEMEENA AGED 42 YEARS W/O SAKKEER, THOPPILPARAMBU, VEDIMARA, PARAVOOTHARA KARA, N. PARAVUR VILLAGE, N. PARAVUR TALUK, ERNAKULAM DISTRICT, PIN – 683513
3 FATHIMA FIRDOUSE AGED 18 YEARS D/O SAKKEER, THOPPILPARAMBU, VEDIMARA, PARAVOOTHARA KARA, N. PARAVUR VILLAGE, N. PARAVUR TALUK, ERNAKULAM DISTRICT, PIN – 683513 BY ADV M P PRASANTH PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 14th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure 1 Final Report and all further proceedings in C.C.No.461/2022 on the files of the Judicial First Class Magistrate Court, North Paravur, arose out of Crime No.912/2022 of North Paravur Police Station, Ernakulam.
2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections 451, 324, and 294(b) and of IPC are alleged to have been committed by the accused.
4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard.
5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
6. Since the dispute has been settled in between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this petition stands allowed and Annexure 1 Final Report and all further proceedings in C.C.No.461/2022 on the files of the Judicial First Class Magistrate Court, North Paravur, arose out of Crime No.912/2022 of North Paravur Police Station, Ernakulam.
stand quashed.
Sd/-
A. BADHARUDEEN JUDGE MSA APPENDIX OF CRL.MC 3201/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.912/2022 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DATED.15.9.2022 Annexure 2 ORIGINAL AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED.21.3.2024 Annexure 3 ORIGINAL AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED.21.3.2024