In Cc 1794/2015 Of J.M.F.C. vs Annexure C True Copy Of The … on 25 May, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

THURSDAY, THE 8TH DAY OF JUNE 2017/18TH JYAISHTA, 1939

Crl.MC.No. 3725 of 2017 ()
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IN CC 1794/2015 of J.M.F.C.,PARAPPANANGADI IN
CRIME NO. 1150/2015 OF TIRURANGADI POLICE STATION, MALAPPURAM
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PETITIONER(S)/ACCUSED :
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1. NASEER KAZHUNGUMTHOTTATHIL
S/O ABOOBACKER, MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

2. ABOOBACKER KAZHUNGUMTHOTTATHIL,
MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

3. AYISHAKUTTY KAZHUNGUMTHOTTATHIL,
W/O ABOOBACKER, MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

4. RIYAS KAZHUNGUMTHOTTATHIL,
S/O ABOOBACKER, MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

5. BASHEER KAZHUNGUMTHOTTATHIL,
S/O ABOOBACKER, MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

6. KADEEJA KAZHUNGUMTHOTTATHIL,
D/O ABOOBACKER, MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

7. RUBEENA KAZHUNGUMTHOTTATHIL
D/O ABOOBACKER, MANNATHODI HOUSE,
PANNIKKOTTUMPADI, VELIMUKKU SOUTH P.O.,
MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH

-2-

-2-

Crl.MC.No. 3725 of 2017 ()
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RESPONDENT(S)/STATE DEFACTO COMPLAINANT :
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1. THE STATE OF KERALA
REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682031-THROUGH
THE SUB INSPECTOR OF POLICE,
TIRURANGADI POLICE STATION, MALAPPURAM DISTRICT.

2. MURSHIDA,
D/O ABDURAHIMAN,
IRUKULANGARA VEEDU, VELIMUKKU SOUTH P.O.,
TIRURANGADI, MALAPPURAM DISTRICT, PIN-676317.

R1 BY PUBLIC PROSECUTOR E.C.BINEESH
R2 BY ADV. SMT.K.NISHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

VS

Crl.MC.No. 3725 of 2017 ()
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APPENDIX

PETITIONER(S)’ EXHIBITS
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ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO.1150/2015 OF THE
TIRURANGADI POLICE STATION DATED, 27.8.2015.

ANNEXURE B TRUE COPY OF THE MEMORANDUM OF EVIDENCE AND CHARGE IN
F.I.R IN CRIME NO.1150/2015 OF THE TIRURANGADI POLICE STATION.

ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 25.5.2017.

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

/TRUE COPY/

PA TO JUDGE

VS

B.SUDHEENDRA KUMAR, J.

Crl.M.C.No.3725 of 2017

Dated this the 8th day of June, 2017

ORDER

The petitioners are accused in

C.C.No.1794/2015 on the files of the court below. The

second respondent is the defacto complainant. The

offences alleged against the petitioners are offences

under Sections 498A, 406, read with Section 34 IPC.

2. Heard the learned counsel for the

petitioners and the learned Public Prosecutor.

3. The learned counsel for the petitioners and

the learned Public Prosecutor have submitted that the

matter has been settled between the parties. The second

respondent has filed an affidavit stating that the matter

has been settled between the parties and hence she has

no further grievance against the petitioner. The above

dispute arose out of family relationship. Therefore, since

the matter has been settled between the parties,

quashing the said offences would secure the ends of

Crl.M.C.No.3725 of 2017 -2-

justice. For the said reason I am inclined to quash

Annexure B final report and all further proceedings

against the petitioner in C.C.No.1794/2015 on the files of

the court below in exercise of the inherent power under

Section 482 of the Code of Criminal Procedure to meet the

ends of justice. Accordingly I order so.

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

B.SUDHEENDRA KUMAR,
JUDGE

VS

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