ANWARSHA v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-15. ANWARSHA v. THE 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 V. G. ARUN TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942 Crl. MC. No. 5179 OF 2020(F) AGAINST THE JUDGMENT IN CC 406/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA CRIME NO. 164/2019 OF Chavara Police Station , Kollam PETITIONER/ACCUSED: 1 ANWARSHA AGED 32 YEARS S/O. SHIHABUDHEEN, MULLIYILKIZHAKKATHIL HOUSE, MUKUNDAPURAM MURI, CHAVARA, KOLLAM DISTRICT. 2 RAMLA BEEVI AGED 61 YEARS W/O. SHIHABUDHEEN, MULLIYILKIZHAKKATHIL HOUSE, MUKUNDAPURAM MURI, CHAVARA, KOLLAM DISTRICT. 3 SHIHANA AGED 25 YEARS D/O. SHIHABUDHEEN, MULLIYILKIZHAKKATHIL HOUSE, MUKUNDAPURAM MURI, CHAVARA, KOLLAM DISTRICT. 4 KASIM AGED 60 YEARS S/O. MOIDEEN KUNHU, KOMAKKATHU PADEEKATHIL HOSUE, MUKUNDAPURAM MURI, CHAVARA, KOLLAM DISTRICT. BY ADV. SRI. K. RAKESH RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUAL, KOCHI-682 031.
2 THE STATION HOUSE OFFICER CHAVARA POLICE STATION, KOLLAM DISTRICT, PIN-691 583. 3 IRSHANA AGED 27 YEARS D/O. SUHARABEEVI, PALAMUTTAM VEEDU, EDAKULANGARA, PULIYOORVANCHI SOUTH, KALLELIBHAGAM VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN-690 523. Crl. MC. No. 5179 OF 2020(F) .. 2.. R3 BY ADV. K. S. PRAVEEN OTHER PRESENT: SR. PP. C. S. HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 5179 OF 2020(F) .. 3.. ORDER Dated this the 15th day of December 2020 Petitioners are the accused in Crime No. 164/2019 registered at the Chavara Police Station, for the offence punishable under Section 498-A r/w 34 of IPC, now pending as C. C. No. 406/2019 on the files of the Judicial First Class Magistrate Court, Chavara. The de facto complainant, at whose instance the crime was st registered, is the 1 petitioner’s wife and is arrayed as rd the 3 respondent herein.
Annexure-B affidavit has rd been filed by the 3 respondent stating that the matrimonial dispute, which had compelled her to submit the complaint leading to registration of the crime, has been resolved amicably and the parties are residing separately and hence, she has no subsisting grievance against the petitioners. Crl. MC. No. 5179 OF 2020(F) .. 4.. 2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents. 3. Having considered the gravity of the offences alleged, nature of the injury caused and having rd perused the affidavit filed by the 3 respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote.
As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no Crl. MC. No. 5179 OF 2020(F) .. 5.. impediment in granting the relief sought. In the result, this Crl. M. C is allowed. The proceedings in C. C. No. 406/2019 on the files of the Judicial First Class Magistrate Court, Chavara is quashed. Sd/- V. G. ARUN SB/15/12/2020 JUDGE Crl. MC. No. 5179 OF 2020(F) .. 6.. APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 164/2019 OF THE CHAVARA POLICE STATION. ANNEXURE B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 2. 8. 2020. //true copy// P. A to Judge
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