YAZER A.S v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE A. BADHARUDEEN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-01. YAZER A.S v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ST THURSDAY, THE 1 DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 CRL. MC NO. 9356 OF 2023 CRIME NO. 1518/2021 OF THRIKKAKARA POLICE STATION, ERNAKULAM CC NO. 216 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD PETITIONERS/ACUSED 1 TO 5 1 YAZER A. S. AGED 37 YEARS S/O. SAINUDHEEN P. K. , ANDIPPATTIL HOUSE, ASOKAPURAM, MANACKAPADY, ALUVA, ERNAKULAM DISTRICT,, PIN - 683101 2 SAINUDHEEN P. K. , AGED 68 YEARS S/O. KUNJUBAVA ANDIPPATTIL HOUSE, ASOKAPURAM, MANACKAPADY, ALUVA, ERNAKULAM DISTRICT, PIN - 683101 3 SUBAIDA SAINUDHEEN AGED 55 YEARS W/O. SAINUDHEEN P. K. , ANDIPPATTIL HOUSE, ASOKAPURAM, MANACKAPADY,ALUVA, ERNAKULAM DISTRICT, PIN - 683101 4 MUHASINA AGED 36 YEARS W/O. SANOJ, THANIKKAPARAMBIL HOUSE, MAROTTICHUVADU, EDAPPALLY, ERNAKULAM DISTRICT, PIN - 682024 5 SANOJ AGED 41 YEARS S/O. KUNJUMON, THANIKKAPARAMBIL HOUSE, MAROTTICHUVADU, EDAPPALLY, ERNAKULAM DISTRICT, PIN - 682024 BY ADV. SRI.
K. A. ANEEZ FAHID RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 2 RAHANA P. N AGED 30 YEARS, D/O. P. K. NASSAR, PUTHENVEED HOUSE, THOPPIL ROAD, DESHEEYA KAVALA BHAGAM, VAZHAKKALA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682021 R1 BY SENIOR PUBLIC PROSECUTOR SRI. RENJIT GEORGE R2 BY ADV. SRI. N. V. VINAY THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24. 07. 2024, THE COURT ON 01. 08. 2024 PASSED THE FOLLOWING: Crl. M. C. No. 9356 of 2023 O R D E R st Dated this the 1 day of August, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR and Annexure A2 Charge sheet and all further proceedings as against the petitioners in Crime No. 1518/2021 of Thrikkakara Police Station pending as C. C. No. 216/2022 on the files of the Judicial First Class Magistrate Court, Kakkanad.
The petitioners herein are accused 1 to 5 in the above case. 2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant, and the learned Public Prosecutor. 3. In this matter, offences punishable under Sections 498-A, 323 read with Section 34 of the Indian Penal Code,1860 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 in a case involving matrimonial dispute. Crl. M. C. No. 9356 of 2023 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 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 quash Annexure A1 FIR and Annexure A2 charge sheet and all further proceedings as against the petitioners in Crime No. 1518/2021 of Thrikkakara Police Station pending as C. C. No. 216/2022 on the files of Judicial First Class Magistrate Court, Kakkanad. Sd/- A. BADHARUDEEN JUDGE MJL Crl. M. C. No. 9356 of 2023 APPENDIX OF CRL. MC 9356/2023 PETITIONERS' ANNEXURES: Annexure-A1 THE CERTIFIED COPY OF F. I. R. IN CRIME NO. 1518/2021 OF THRIKKAKKARA POLICE STATION Annexure-A2 TRUE COPY OF THE FINAL REPORT DATED 24/02/2022 IN CRIME NO. 1518/2021 OF THRIKKAKARA POLICE STATION Annexure-A3 TRUE COPY OF THE MUBARA'ATH AGREEMENT DTD 14/09/2022 Annexure-A4 THE ORIGNAL OF THE AFFIDAVIT DTD. 18-10-2023 SWORN BY THE 2ND RESPONDENT RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ PA TO JUDGE
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