Irshad And Ors vs Mufeedha And Ors

Petition under Section 482 of the Code of Criminal Procedure.

The petitioners are the accused in Crime No.37 of 2020 of Padinjarethara Police Station registered for the offences punishable under Sections

498A, 323, 324 read with Section 34 of Indian Penal Code now pending as C.C. No. 117 of 2020 on the file of the Judicial First Class Magistrate-II,

Mananthavady.

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. The 1st petitioner and the 2nd respondent have decided to live separately. Therefore, this petition to quash Annexure

A1 final report.

Learned counsel appearing for the 1st respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the

petitioners. Annexure A3 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.

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, Annexure A1 final report and all further proceedings in C.C. No. 117 of 2020 on the file of the Judicial First Class

Magistrate-II, Mananthavady arising from Crime No.37 of 2020 of Padinjarethara Police Station will stand quashed as prayed for.