Asiya Umma And Ors vs State Of Kerala And Ors

Petition under Section 482 of the Code of Criminal Procedure.

The petitioners are accused Nos. 2 to 4 in Crime No. 191 of 2013 of Chavara Police Station registered for the offences punishable under Section

498A read with Section 34 of Indian Penal Code now pending as C.C. No. 2841 of 2015 on the file of the Judicial First Class Magistrate, Chavara,

Kollam.

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

subsisting dispute between them. Therefore, this petition to quash the entire proceedings in C.C. No. 2841 of 2015 on the file of the Judicial First Class

Magistrate, Chavara, Kollam.

Learned counsel appearing for the 3rd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the

petitioners. Annexure E 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 against the petitioners.

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 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, the entire proceedings in C.C. No. 2841 of 2015 on the file of the Judicial First Class Magistrate, Chavara, Kollam arising

from Crime No. 191 of 2013 of Chavara Police Station as against the petitioners will stand quashed as prayed for.