Cc 761/2012 Of J.M.F.C.-Ii vs Nizam on 8 May, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

TUESDAY, THE 30TH DAY OF MAY 2017/9TH JYAISHTA, 1939

Crl.MC.No. 3508 of 2017 ()
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CC 761/2012 of J.M.F.C.-II, KOLLAM
CRIME NO. 866/2012 OF ERAVIPURAM POLICE STATION , KOLLAM

PETITIONER(S)/ACCUSED NO. 1 TO 5:
——————————–

1. NIZAM, AGED 30 YEARS, S/O. MOITHEENKUNJU, VAZHAKOOTTATHIL
PARINJATTATHIL VEETTIL, VALATHUNGALACHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9

2. JAMAILATH, AGED 56 YEARS, W/O. MOITHEENKUNJU, VAZHAKOOTTATHIL
PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9.

3. MOITHEENKUNJU, AGED 62 YEARS, S/O. BEERANKUTTY,
VAZHAKOOTTATHIL PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY,
ERAVIPURAM VILLAGE, HYDARALI NAGAR – 9.

4. MUMTHAS, AGED 27 YEARS, D/O. JAMAILATH, VAZHAKOOTTATHIL
PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9.

5. ANSAR, AGED 31 YEARS, S/O. SAINULABDEEN, VAZHAKOOTTATHIL
PADINJATTATHIL VEETTIL, VALATHUNGALCHERRY, ERAVIPURAM
VILLAGE, HYDARALI NAGAR – 9.

BY ADVS.SRI.PRATHEESH.P
SMT.S.SEETHA

RESPONDENT(S)/STATE DEFACTO COMPLAINANT:
———————————————————————–

1. STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE, ERAVIPURAM
POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2. RIJI, D/O. SABITHA, AGED 24 YEARS, LAJIN MANZIL,
CHIRAYINKEEZU, THIRUVANANTHAPURAM.

R2 BY ADV. SRI.A.MUHAMMED RAFFI
R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-05-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 3508 of 2017 ()
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APPENDIX

PETITIONER(S)’ EXHIBITS
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ANNEXURE 1 : CERTIFIED COPY OF FIR IN CRIME NO. 866/2012 OF ERAVIPURAM
POLICE STATION.

ANNEXURE 2 : CERTIFIED COPY OF FINAL REPORT IN CRIME 866/2012 OF
ERAVIPURAM POLICE STATION.

ANNEXURE 3 : THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING
THE COMPROMISE DATED 08.05.2017.

RESPONDENT(S)’ EXHIBITS: NIL
———————–

// True Copy //

PA to Judge

B.SUDHEENDRA KUMAR, J.
– – – – – – – – – – – – – – — – – — – – – – – – – – – — – – – – – – – –
Crl.M.C. No.3508 of 2017
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – –
Dated this the 30th day of May 2017

O R D E R

The petitioners are the accused in C.C.No.761 of

2012 on the files of the court below. The offence alleged is

the offence under Section 498A read with section 34 I.P.C.

2. The second respondent is the de-facto complainant

in this case.

3. Heard.

4. The learned counsel for the petitioners and the

learned counsel for the second respondent have submitted

that the matter has been settled between the parties and

presently, the 2nd respondent is residing with the 1st

Crl.M.C.3508/2017
-: 2 :-

petitioner, who is her husband under one roof. The learned

Public Prosecutor also submitted that the 1st petitioner and

the 2nd respondent are presently residing together as

husband and wife under one roof. The second respondent

filed affidavit stating that the matter has been settled

between the parties and hence, she has no further

grievance against the petitioners. The above dispute arose

out of family relationship. Therefore, since the matter has

been settled between the parties, I am of the view that

quashing the said offence would secure the ends of justice.

For the said reason, I am inclined to quash Annexure-2

final report and further proceedings against the petitioners

in C.C.No.761 of 2012 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 and accordingly, I order so.

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

Sd/-

B.SUDHEENDRA KUMAR,
JUDGE
dl/30.5.2017

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