High CourtsSingle Bench

Ali Asgar And Ors vs State Of Kerala And Ors

High Court Of Kerala · Decided on 1 March 2021 · Citation: (2021) 03 KL CK 0026

HON’BLE JUDGES
Shircy V, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 886 Of 2021

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Judgment

17 paragraphs · 302 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioners are accused Nos. 1 to 3 in Crime No. 15 of 2021 of Cherupulassery Police Station registered for the offences punishable under

Section 498A read with Section 34 of Indian Penal Code.

3.

It is submitted by the learned counsel for the petitioners that the parties have resolved the entire disputes among themselves and as such there is no

subsisting dispute between them. Therefore, this petition to quash Annexure A FIR.

4.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the

petitioners. Annexure B is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates that she has no

intention to pursue the matter further.

5.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the

dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding

with the case.

6.

Heard both sides and perused the records.

7.

On hearing the submissions of all concerned, as well on consideration of the special facts and circumstances involved in this case, I find that no

fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and

there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this

Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure A1 FIR in Crime No.15 of 2021 of Cherupulassery Police Station will stand quashed as prayed for.