High CourtsSingle Bench(2021) 05 KL CK 0068

Sayidalavi Koya Thangal And Ors vs State Of Kerala And Ors

High Court Of Kerala · Decided on 4 May 2021

HON’BLE JUDGES
Gopinath P, J
CASE NUMBER
Criminal Miscellaneous Case No. 1877 Of 2020

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Judgment

15 paragraphs · 336 words
1.

The petitioners are the accused in Crime No.326/2013 of the Nattukal Police Station, Palakkad District. The said crime was registered alleging

commission of offences under Sections 452 and 326 r/w 34 of the Indian Penal Code. It is submitted that the crime came to be registered on the basis

of a complaint filed by the son of the 2nd respondent before the Judicial First Class Magistrate Court, Mannarkad. It is submitted that the 1st

petitioner's daughter was married to one Abid Koya Thangal, son of the 2nd respondent. It is submitted that a private complaint was filed and

consequently the crime came to be registered on account of matrimonial disputes between the daughter of the 1st petitioner and son of the 2nd

respondent. It is submitted that the entire disputes have been amicably settled between the parties.

2.

I have heard the learned counsel appearing for the respective parties and the learned Public Prosecutor appearing for the 1st respondent. I have

also perused the contents of Annexure A2 affidavit.

3.

In the totality of the facts and circumstances of the case, I am of the opinion that this is a fit case where the inherent jurisdiction of this Court under

Section 482 Cr.P.C can be exercised in order to secure the ends of justice. The facts show that the private complaint and consequently the crime

came to be registered on account of certain matrimonial disputes between the daughter of the 1st petitioner and the son of the 2nd respondent. In

cases like these no useful purpose will be served in continuing with the prosecution when the matter has been amicably settled between the parties.

Therefore, keeping in mind the principles laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another [2012(4) KLT 108] and

in Parbatbhai Aahir v. State of Gujarat and another [(2017) 9 SCC 641], I quash Annexure A1 FIR and all further proceedings in Crime No.326/2013

of Nattukal Police Station, Palakkad District as against the petitioners.