Cc 849/2016 Of J.M.F.C. vs By Adv. Sri.Babu S. Nair on 8 June, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

WEDNESDAY, THE 21ST DAY OF JUNE 2017/31ST JYAISHTA, 1939

Crl.MC.No. 4048 of 2017 ()
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CC 849/2016 of J.M.F.C.,NILAMBUR
CRIME NO. 222/2016 OF NILAMBUR POLICE STATION , MALAPPURAM

PETITIONER(S)/ACCUSED:
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ASKER
S/O. ALI, KUTTANKADAVIL HOUSE,
ANAKKAYAM, MANJEREI, MALAPPURAM DISTRICT

BY ADV. SRI.BABU S. NAIR

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 682 031 FOR THE
SUB INSPECTOR OF POLICE,
NILAMBUR POLICE STATION, MALAPPURAM DISTRICT

2. VAHIDA
W/O. ASKER,
KONGATH KURIKKAL HOUSE,PULIKKALODI, MAMPAD,
MALAPPURAM DISTRICT, PIN 676 542

R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF
R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-06-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4048 of 2017 ()
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APPENDIX

PETITIONER(S)’ EXHIBITS
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ANNEXURE A TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO 22/2016
OF THE NILAMBUR POLICE STATION

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 8-6-2017

RESPONDENT(S)’ EXHIBITS : NIL
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// True Copy //

PA to Judge

B.SUDHEENDRA KUMAR, J.
– – – – – – – – – – – – – – — – – — – – – – – – – – – — – – – – – – – –
Crl.M.C. No.4048 of 2017
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Dated this the 21st day of June 2017

READ  Joint Women'S Programme vs State Of Rajasthan And Ors. on 24 March, 1987

O R D E R

The petitioner is the accused in C.C. No.849 of 2016

on the files of the court below. The offences alleged as per

Annexure-A final report are the offences under Sections

406 and 498A I.P.C.

2. The second respondent is the de-facto complainant

in this case.

3. Heard.

4. The learned counsel for the parties and the learned

Public Prosecutor have submitted that the matter has been

settled between the parties and that the parties are presently

residing together as husband and wife. The second

respondent filed affidavit stating that the matter has been

Crl.M.C.4048/2017
-: 2 :-

settled between the parties and hence, she has no further

grievance against the petitioner. It is further stated in the

affidavit that the second respondent is presently residing

with the first petitioner, who is her husband, under one

roof. The above dispute arose out of family relationship.

Therefore, since the matter has been settled between the

parties and the parties are residing together as husband and

wife under one roof, quashing the said offences would

secure the ends of justice. For the said reason, I am

inclined to quash Annexure-A final report and further

proceedings against the petitioner in C.C. No.849 of 2016

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/21.6.2017

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