In Cc 47/2017 Of J.M.F.C.-V vs By Adv. Sri.P.V.Kunhikrishnan on 24 March, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939

Crl.MC.No. 2405 of 2017 ()
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IN CC 47/2017 of J.M.F.C.-V,KOZHIKODE
CRIME NO. 100/2000 OF BEYPORE POLICE STATION , KOZHIKODE

PETITIONER/ACCUSED:
——————-

K.H. MUHAMMED,
AGED 47 YEARS, S/O.HAMZA, KALLIVALLAPPIL VEEDU,
PALAPETTY P.O., VELLIYAMKODE, MALAPPURAM DISTRICT.

BY ADV. SRI.P.V.KUNHIKRISHNAN

RESPONDENTS/COMPLAINANT STATE:
——————————–

1. RABIYA
AGED 43 YEARS, D/O.NOORUDHIN, ARAYAN VEEDU, BEYPORE P.O.,
KOZHIKODE DISTRICT, PIN-673015.

2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

R1 BY ADV. SRI.P.V.ANOOP
BY PUBLIC PROSECUTOR SRI. E.C. BINEESH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 2405 of 2017 ()
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APPENDIX

PETITIONER(S)’ EXHIBITS
———————–
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.100/2000 OF BEYPORE
POLICE.

ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME NO.100/2000 WHICH
IS NOW PENDING AGAINST THE PETITIONER AS C.C.NO. 47/2017
ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-V, KOZHIKODE.

ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY THE FIRST RESPONDENT
DATED 24-03-2017.

RESPONDENT(S)’ EXHIBITS : NIL
———————–

//TRUE COPY//

P.A. TO JUDGE

DST

B. SUDHEENDRA KUMAR, J.
——————————–
Crl.M.C. No.2405 of 2017
———————————-
Dated this the 4th day of April, 2017

O R D E R

The petitioner is the accused in C.C.No.47/2017 on the

files of the court below. The first respondent is the defacto

complainant. The offence alleged against the petitioner as

per Annexure-B final report is the offence under Section

498A IPC.

2. Heard.

3. The learned counsel for the parties and the

learned Public Prosecutor have submitted that the matter

has been settled between the parties. The first respondent

has filed Annexure-C affidavit stating that the matter has

been settled between the parties and hence she has no

further grievance against the petitioner.

4. The above dispute arose out of family relationship.

Therefore, since the matter has been settled between the

Crl.M.C. No.2405 of 2017

-: 2 :-

parties, I am inclined to quash Annexure-B final report and

further proceedings against the petitioner in C.C.No.47/2017

on the files of the court below, in exercise of the inherent

power under Section 482 Cr.P.C., to meet the ends of

justice. Accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

B. SUDHEENDRA KUMAR,
JUDGE

STK
//TRUE COPY//

//P.A. TO JUDGE//

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