Shinaj Ahamed and Others v. State of Kerala

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MRS. JUSTICE SOPHY THOMAS` ``` THURSDAY, THE 29[TH] DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 ``` ``` CRL.MC NO. 882 OF 2024 ``` ``` CRIME NO.2163/2018 OF Muvattupuzha Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1393 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA ``` ``` PETITIONERS ``` - `1 SHINAJ AGED 34 YEARS S/O AHAMMED, AACHERIYIL HOUSE, WEST PUNNAMATTOM KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` - `2 LISHAD AGED 37 YEARS S/O BHASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA., PIN - 686673` - `3 LISSAM AGED 28 YEARS S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK., PIN - 686673` - `4 LIBIN AGED 26 YEARS S/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK., PIN - 686673` - `5 LIBINA AGED 30 YEARS W/O MANSOOR, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` - `6 AMINA AGED 49 YEARS W/O BASHEER, PUZHAKKARA HOUSE, PERUMATTOM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK., PIN - 686673` - `7 FATHIMA AGED 55 YEARS W/O ALIYAR, THURUTHEL HOUSE, VALACHIRA BHAGAM, PAIMATTOM KARA, PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK., PIN - 686671` Crl.M.C. No.882 of 2024 2 ## `BY ADVS. V.A.NAVAS SARA JOHN` ## `RESPONDENTs` - `1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 JASEENA AGED 40 YEARS` - `W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA, ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` - `3 AISHA AGED 55 YEARS W/O PAREETH, THENNALIKUDIYIL HOUSE, KANJARAKKADU KARA, PERUMBAVOOR VILLAGE., PIN - 683542` - `4 MAKKAR AGED 65 YEARS S/O MAITHEEN, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` - `5 JASMINE AGED 41 YEARS D/O MAITHEEN, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` - `6 FATHIMA AGED 60 YEARS W/O MAKKAR, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` ``` 7SAJITHA AGED 45 YEARS W/O ALI, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 ``` Crl.M.C. No.882 of 2024 3 ``` 8ABINA SUBAIR AGED 17 YEARS D/O SUBAIR, IDASHERIKULANGARA, KADUMPIDI KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA, 686673, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN JASEENA, AGED 40 YEARS, W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA, ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 9ADHABIYA SUBAIR AGED 14 YEARS D/O SUBAIR, IDASHERIKULANGARA, KADUMPIDI KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA, 686673, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN JASEENA, AGED 40 YEARS, W/O SUBAIR, IDASHERIKKULANGARA, KADUPIDI KARA, ENANELLOOR VILLAGE, MUVATTUPUZHA., PIN - 686673 ``` ``` 10AFIDA AGED 20 YEARS D/O NASAR, KOTTAPURAM BHAGAM, RANDAR KARA, MUVATTUPUZHA VILLAGE., PIN - 686673 ``` - `11 NOUFAL AGED 39 YEARS S/O MUHAMMED, CHENNARAYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA., PIN - 686673` ``` BY ADV P. M RAFEEK (PATTAM) ``` ## `OTHER PRESENT:` ``` PP-SRI.PRASANTH M.P, SR.PP-SRI.VIPIN NARAYANAN ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C. No.882 of 2024 4 ## **O R D E R** Crl.M.C No.882 of 2024 is filed under Section 482 of Cr.P.C., by the accused in Crime No.2163 of 2018 of Muvattupuzha Police Station, Ernakulam, registered under Sections 323, 324, 325, 341, 354, 451, 506(i) and 34 of IPC, for quashing Annexure A1 Final Report and the proceedings in C.C.No.1393 of 2018 on the file of Judicial First Class Magistrate Court, Muvattupuzha. 2. The prosecution allegation is that when the petitioners came to the parental house of the defacto complainant, which is the matrimonial house of the 5[th] petitioner, to take away the child of the defacto complainant’s brother, the petitioners assaulted the respondents. 3. When the matter is taken up for consideration, learned counsel for the petitioners submitted that the matter stands settled between themselves and respondents 2 to 11. Respondents 2 to 11 entered appearance through counsel, and submitted that the matter stands settled. Annexures A2 to A11 are the affidavits filed by them, Crl.M.C. No.882 of 2024 5 endorsing the settlement. Neither they have any intention to proceed with the prosecution nor any objection in quashing Annexure A1 Final Report, and the proceedings in C.C.No.1393 of 2018. 4. On instructions, learned Public Prosecutor submitted that the matter is settled and he produced signed statements of respondents 2 to 11. In those statements also, they have stated that they are not intending to proceed with the prosecution, and they have no objection in quashing Annexure A1 Final Report and further proceedings in C.C.No.1393 of 2018 5. Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners. 6. In the light of the principles laid down by the Apex Court in **Gian Singh v. State of Punjab and Another;** [(2012) 10 SCC 303)] **,** and **State of Madhya Pradesh v. Laxmi Narayan and Others;** [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioners can be quashed on the basis of settlement. Crl.M.C. No.882 of 2024 6 In the result, this Crl.MC is allowed, and Annexure A1 Final Report and further proceedings in C.C.No.1393 of 2018 on the file of Judicial First Class Magistrate Court, Muvattupuzha. stand quashed. Sd/- ## **SOPHY THOMAS** **JUDGE** smm Crl.M.C. No.882 of 2024 7 ## `APPENDIX OF CRL.MC 882/2024` ## `PETITIONER ANNEXURES` |`Annexure A1`|`TRUE COPY OF THE FINAL REPORT/CHARGE`| |---|---| ||`IN C.C NO. 1393/2018 DATED 26/09/2018`| ||`OF JUDICIAL FIRST CLASS MAGISTRATE`| ||`COURT, MUVATTUPUZHA`| |`Annexure A2`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`2 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A3`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`3 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A4`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`4 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A5`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`5 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A6`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`6 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A7`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`7 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A8`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`8 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A9`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`9 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| |`Annexure A10`|`AFFIDAVIT EXECUTED BY THE RESPONDENTS`| ||`10 EVIDENCING THEIR INTENTION TO`| ||`SETTLE/COMPROMISE THE DISPUTE WITH THE`| ||`PETITIONERS/ACCUSED.`| Crl.M.C. No.882 of 2024 8 ``` Annexure A11AFFIDAVIT EXECUTED BY THE RESPONDENTS 11 EVIDENCING THEIR INTENTION TO SETTLE/COMPROMISE THE DISPUTE WITH THE PETITIONERS/ACCUSED. ```