Amirudeen vs State Of Kerala And Ors

Petition under Section 482 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No. 772 of 2020 of Pangode Police Station registered for the offence punishable under Section 498A of

Indian Penal Code, now pending as C.C. No. 5023 of 2020 on the file of the Judicial First Class Magistrate-II, Nedumangad. The petitioner and the

2nd respondent are husband and wife.

It is submitted by the learned counsel for the petitioner 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 A1 final report in C.C. No. 5023 of 2020 on the file of the Judicial First

Class Magistrate-II, Nedumangad.

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

petitioners. Annexure A2 is the affidavit sworn to by her in support of the submission of the petitioner. The affidavit further indicates that she has no

intention to pursue the matter further.

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.

Heard both sides and perused the records.

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 petitioner. Moreover, no public interest is involved in the case and there

is no legal impediment in granting the prayer as sought for by the petitioner. 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 final report in C.C. No. 5023 of 2020 on the file of the Judicial First Class Magistrate-II, Nedumangad arising

from Crime No.772 of 2020 of Pangode Police Station will stand quashed as prayed for.