Allowed

Shihabudheen v. the State of Kerala

Kerala HC7 Sept 2023Crl.MC/3226/2023

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against the sole accused. The accused, charged with offences under Sections 406 and 498A IPC, filed a criminal miscellaneous case seeking quashment. The court noted that the dispute had been settled between the parties and affirmed the Public Prosecutor and complainant's decision not to pursue the case. Exercising jurisdiction under Section 482

What did the court decide?

Filing of Crl.M.C. No. 3226 of 2023 allowed; all further proceedings in L.P. No. 41/2018 quashed as against the petitioner.

Shihabudheen Vs the State of Kerala — Quashing and FIR | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945

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CRL.MC NO. 3226 OF 2023

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AGAINST THE ORDER in LP 41/2018 OF CHIEF JUDICIAL MAGISTRATE ,MANJERI

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PETITIONER/ACCUSED:

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SHIHABUDHEEN
AGED 38 YEARS
S/O AHAMMEDKUTTY, NECHIKKADAN HOUSE. MUDIRI.
VALLAPPUZHA, NILAMBUR PO, MALAPPURAM DISTRICT, PIN -
679329

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BY ADV JAMSHEED HAFIZ

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RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,, PIN - 682031

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2 SAHIRA D/O HAMSA, PULLIYIL HOUSE, IRUVETU AMSOM DESOM, THOTTILANGADI PO, MALAPPURAM DISTRICT, PIN - 673639

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SRI. G SUDHEER (PP)
SMT. K.K. NESNA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3226 OF 2023 2

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ORDER

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Petitioner is the sole accused in Crime No.520/2012 of Areekode police station, Malappuram district, which is now pending as L.P. No.41/2018 on the file of the Chief Judicial Magistrate Court, Manjeri, alleging commission of offences punishable under Sections 406 and 498A of the Indian Penal Code.

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Learned counsel appearing for the petitioner would submit that the entire issues between the petitioner and the 2^nd respondent (the de facto complainant) have been settled.

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Learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent affirms that the entire disputes between the petitioner and the 2^nd respondent have been settled and that the 2^nd respondent does not wish to continue with the proceedings against the petitioner.

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Having heard the learned counsel appearing for the petitioner, learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved for continuing the proceedings against the petitioner. Therefore, in exercise of the jurisdiction vested in

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CRL.MC NO. 3226 OF 2023 3

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this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioner can be quashed on the ground of settlement.

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Accordingly, the Crl.M.C is allowed and all further proceedings in L.P. No.41/2018 on the file of the Chief Judicial Magistrate Court, Manjeri (Crime No.520/2012 of Areekode police station) will stand quashed as against the petitioner.

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Sd/-

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GOPINATH P.

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JUDGE

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ajt

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CRL.MC NO. 3226 OF 2023 4

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APPENDIX OF CRL.MC 3226/2023

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PETITIONER ANNEXURES
Annexure1CERTIFIED COPY OF THE FIR IN CRIME
NO.520/2012OF AREEKODE POLICE STATION,
MALAPPURAM DISTRICT DATED 28.11.2012
Annexure2CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.520/2012 OF AREEKODE POLICE STATION,
MALAPPURAM DISTRICT DATED 03.07.2013
Annexure3AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
29.03.2023
Annexure4TRUE COPY OF THE AGREEMENT EXECUTED BY THE
2ND RESPONDENT INFAVOUR OF THE PETITIONER
DATED 29.03.2023

Shihabudheen v. the State of Kerala

Case brief

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Shihabudheen v. the State of Kerala

Case brief

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