High CourtsSingle Bench(2021) 01 KL CK 0299

Anas Aboobacker @A. Anas vs Sheeba S.S @Sheeba Subaida Shamsudeen And Ors

High Court Of Kerala · Decided on 12 January 2021

HON’BLE JUDGES
Shircy V, J
CASE NUMBER
Criminal Miscellaneous Case No. 5558 Of 2020

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Judgment

20 paragraphs · 391 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioner is the sole accused in C.C. No. 247 of 2020 pending before the Judicial First Class Magistrate Court-II, Attingal arising from Crime

No. 904 of 2019 of Mangalapuram Police Station registered for the offences punishable under Sections 498A read with Section 34 of Indian Penal

Code.

3.

It is submitted by the learned counsel for the petitioner that due to the intervention of elders in both the families, the parties have settled their entire

disputes among themselves and as such there is no subsisting dispute between them. Annexure A3 is the compromise entered into between the

parties. Therefore, this petition is filed to quash all further proceedings in Crime No. 904 of 2019 of Mangalapuram Police Station.

4.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has no objection in allowing the petition. Annexure

A4 is the affidavit sworn to by her in support of the submission of the petitioner. The affidavit further indicates that she has no intention to pursue the

matter further and the parties have resolved their entire dispute.

5.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that 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.

6.

On hearing the submissions of all concerned, on perusal of the records as well on consideration of 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 this petitioner. Moreover, no public interest is

involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the

ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure A1 FIR, Annexure A2 final report and all further proceedings in Crime No. 904 of 2019 now pending as C.C.

No. 247 of 2020 on the file of the Judicial First Class Magistrate Court-II, Attingal will stand quashed as prayed for exercising the inherent powers of

High Court under Section 482 of the Code of Criminal Procedure.