In Cc 461/2015 Of J.M.F.C. vs Abdul Nasar on 30 March, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939

Crl.MC.No. 4321 of 2017 (A)
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IN CC 461/2015 of J.M.F.C.,MALAPPURAM
CRIME NO. 3/2015 OF KONDOTTY POLICE STATION , MALAPPURAM

PETITIONERS/ACCUSED :
———————-

1. ABDUL NASAR,
AGED 30 YEARS,
S/O MUHAMMED, PALAKKAPARAMBIL HOUSE,
THRIPPANACHI P.O., KUZHIMANNA, MALAPPURAM DISTRICT.

2. PAATHUMMA,
AGED 51 YEARS,
W/O MUHAMMED, PALAKKAPARAMBIL HOUSE,
THRIPPANACHI P.O., KUZHIMANNA, MALAPPURAM DISTRICT.

3. MUHAMMED,
AGED 41 YEARS,
S/O UNNIMOIN,
PADINJARETHODI HOUSE,
NEAR ITI, UNNUPUARAM P.O.

BY ADV. SRI.P.SAMSUDIN

RESPONDENTS/STATE AND DE FACTO COMPLAINANT :
———————————————-

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
(CRIME NO.3/2015 OF KONDOTTY POLICE STATION IN
MALAPPURAM DISTRICT)

2. NASEERA,
AGED 23 YEARS,
W/O ABDUL NASAR,
KUZHIMANNA AMSOM,
KUZHIMANNA P.O., PALAKKAPARAMBIL HOUSE, KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN-673641.

R2 BY ADV. SMT.ANJU CLETUS
R1 BY PUBLIC PROSECUTOR SRI.E.C. BINEESH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4321 of 2017 (A)
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APPENDIX

PETITIONER(S)’ EXHIBITS
———————–
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.3/2015 OF KONDOTTY POLICE
STATION.

ANNEXURE A2 TRUE COPY OF FINAL REPORT IN CRIME NO.3/2015 OF KONDOTTY
POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT SWORN IN BY 2ND RESPONDENT DATED
30.03.2017.

RESPONDENT(S)’ EXHIBITS: NIL
———————-

//TRUE COPY//

P.A. TO JUDGE

DST

B. SUDHEENDRAKUMAR,J.

Crl.M.C.No. 4321 of 2017
– – – – – – – – – – – – – – – – – – – – – – – – –
Dated this the 29th day of June, 2017

READ  Mahesh vs State on 7 October, 2013

O R D E R

Petitioners are accused in C.C. No.461 of 2015

on the files of the court below. The offences

alleged are punishable under Sections 294(b), 323,

406, 506(i) and 498A read with Section 34 of the

Indian Penal Code.

2. Heard.

3. It has been submitted by the learned

counsel for the parties and the learned Public

Prosecutor that the matter has been settled between

the parties. The 2nd respondent, who is the de facto

complainant, filed affidavit stating that the matter

has been settled between the parties and hence she

has no further grievance against the petitioners.

4. The above dispute arose out of

matrimonial relationship. Therefore, since the

matter has been settled between the parties, I am

Crl.M.C.No. 4321 of 2017

-: 2 :-

inclined to quash Annexure-A2 final report and

further proceedings against the petitioners in C.C.

No.461 of 2015 on the files of the court below, in

exercise of the inherent power under Section 482 of

the Code of Criminal Procedure, 1973 to meet the

ends of justice and accordingly, I order so.

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

Sd/-

B. SUDHEENDRAKUMAR
JUDGE

DST

//TRUE COPY//

P.A. TO JUDGE

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