Shameem K.P. and Nabeesa K.P. v. State of Kerala and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 18[TH] DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 ``` ``` CRL.MC NO. 1695 OF 2024 ``` ``` CRIME NO.391/2023 OF CHANDERA POLICE STATION, KASARGOD ``` ``` AGAINST THE ORDER DATED IN CC NO.1912 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG ``` ``` PETITIONERS/ACCUSED: ``` - **`1 SHAMEEM K.P. AGED 33 YEARS S/O. UMMER V.P., K.P. HOUSE, PERUMBA, VELLUR VILLAGE, PAYYANNUR P.O., KANNUR DISTRICT, PIN - 670307`** - **`2 NABEESA K.P. AGED 52 YEARS W/O. UMMER V.P., K.P. HOUSE, PERUMBA, VELLUR VILLAGE, PAYYANNUR P.O., KANNUR DISTRICT, PIN - 670307`** ``` BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. U.M.HASSAN SARITHA K. ABRAHAM J. KANIYAMPADY PHILLIP VARGHESE THOMAS V.P.REJITHA ``` ## **`RESPONDENTS/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` - **`2 STATION HOUSE OFFICER CHANDERA POLICE STATION, KASARGODE, PIN - 671310`** - **`3 SAMIYA SAKHARIYA AGED 24 YEARS`** ``` D/O. SAKHARIYA N., MISIRIYA MANZIL, POLLAYIL, CHERUVATHUR P.O., KASARGODE, PIN - 671312 BY ADV B.SABITHA (DESOM) ``` Crl.M.C.No.1695 of 2024 -:2:- ## **`OTHER PRESENT:`** ## **`SR PP SMT SEETHA S`** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.1695 of 2024 -:3:- Dated this the 18[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report [FIR] & Annexure-A2 Final report and all further proceedings in C.C.No.1912/2023 of the Judicial First Class Magistrate Court-1, Hosdurg, Kasaragod. 2. The petitioners are the accused in Crime No.391/2023 of the Chandera Police Station, Kasaragod, registered against them at the instance of the third respondent, for allegedly committing the offence punishable under Section 498-A of the Indian Penal Code,1860. 3. The crux of the prosecution is that: the first accused is the husband of the third respondent and the Crl.M.C.No.1695 of 2024 ## -:4:- second accused is the mother of the first accused. During the period of the cohabitation, the accused 1 and 2 had mentally and physically harassed the third respondent. Thus, the accused have committed the above offences. 4. Heard; Sri. Shijo Hassan, the learned counsel appearing for the petitioners, Smt.Neema. T.V., the learned Senior Public Prosecutor appearing for the first and second respondents and Smt. B. Sabitha (Desom) , the learned counsel appearing for the third respondent. 5. The learned counsel for the petitioners submitted that the subject matter in dispute between the petitioners and the third respondent has been amicably settled out of court, and the third respondent has voluntarily executed Annexure A4 affidavit, stating that she has no objection and in all further proceedings Crl.M.C.No.1695 of 2024 ## -:5:- in the above crime being quashed. Hence, the petition may be allowed. 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the parties has been settled and the third respondent has voluntarily signed Annexure-A4 affidavit. 7. The learned counsel for the third respondent also submitted that the dispute between the parties has been settled and the third respondent has no subsisting grievance as against the petitioners. The said submission is recorded. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 Crl.M.C.No.1695 of 2024 ## -:6:- SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offences are not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. On a consideration of the facts, the rival submissions made across the Bar, and the materials on record, especially after going through Annexure-A4 affidavit sworn in by the third respondent, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time Crl.M.C.No.1695 of 2024 ## -:7:- and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report [FIR] & Annexure-A2 Final report in Crime No.391/2023 of Chandera Police Station, Kasaragod and all further proceedings in C.C.No.1912/2023 of the Judicial First Class Magistrate Court-1, Hosdurg, Kasaragod, as against the petitioners. The Crl.M.C is ordered accordingly. Sd/- ## **C.S.DIAS,JUDGE** mtk/18.03.24 ## Crl.M.C.No.1695 of 2024 ## -:8:- ## **`APPENDIX OF CRL.MC 1695/2024`** ``` PETITIONER ANNEXURES ANNEXURE 1CERTIFIED COPY OF FIR IN CRIME NO. 391/2023 OF CHANDERA POLICE STATION DATED 24.04.2023 ANNEXURE 2CERTIFIED COPY OF THE FINAL REPORT AS C.C.NO.1912/2023 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, HOSDURG ANNEXURE 3TRUE COPY OF THE MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CPC WITH RULES 24 AND 25 OF THE CIVIL PROCEDURE (MEDIATION) RULES 2005 BETWEEN THE 1ST ACCUSED AND THE 3RD RESPONDENT AT MEDIATION SUB CENTRE, KANNUR DATED NIL ANNEXURE 4NOTARIZED COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 09.02.2024 ```