Mohamed Rishad K vs State Of Kerala And Ors

This Crl.M.C. has been filed seeking to quash all further proceedings in C.C.No.323 of 2018 on the file of the Judicial First Class Magistrate Court-

I, Perinthalmanna (hereinafter J.F.C.M.-I, Perinthalmanna) arising out of Crime No.499 of 2013 of the Perinthalmanna Police Station. The petitioner

was the first accused in C.C.No.537 of 2013 together with his father Mohammed Ashraf as the second accused. That case ended in acquittal of the

second accused, the father of the petitioner. The case against the petitioner was split up and re-numbered as C.C.No.323 of 2018. The petitioner

submits that the case was registered on account of certain matrimonial disputes between him and his wife. He submits that not only has the co-

accused being acquitted by the trial court (which is evident from Annexure-B judgment), the parties have also settled the entire disputes between

themselves and this is evidenced by Annexure-C agreement wherein specifically it is agreed that all cases including C.C.No.323 of 2018 now pending

against the petitioner shall be compromised. The learned counsel for the petitioner also refers to Annexure-D judgment of this Court wherein a case

alleging the commission of offence under Section 498A of the Indian Penal Code has been quashed on the ground of settlement.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor would submit that in the absence of the defacto complainant, no order can be passed in the matter. The learned

counsel for the petitioner submits that in a case where he is relying upon acquittal of the co-accused as a ground to quash the criminal proceedings

against him, and the presence of the defacto complainant is not necessary.

In the over all facts and circumstances of the case, and especially considering the fact that the co-accused has already been acquitted which is

evident from Annexure-B, I am of the opinion that no useful purpose would be served by continuing the proceedings in C.C.No.323 of 2018 on the file

of the J.F.C.M.-I, Perinthalmanna against the petitioner.

Accordingly, I allow this Crl.M.C. and quash all further proceedings in C.C.No.323 of 2018 on the file of the J.F.C.M.-I, Perinthalmanna as against

the petitioner.