Cc 792/2015 Of J.M.F.C. vs Siddique on 29 June, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

MONDAY, THE 10TH DAY OF JULY 2017/19TH ASHADHA, 1939

Crl.MC.No. 4504 of 2017 ()
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CC 792/2015 of J.M.F.C.,PERUMBAVOOR
CRIME NO. 298/2015 OF PERUMBAVOOR POLICE STATION , ERNAKULAM

PETITIONER(S)/ACCUSED 1 AND 2:
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1. SIDDIQUE
AGED 43 YEARS, S/O C.K.ABULLA,
CHERUVALLIKUDY HOUSE, PALLIPRAM KARA,
MARAMBILLY VILLAGE,
PERUMBAVOOR, ERNAKULAM DISTRICT.

2. BEEYATHUMMA
AGED 67 YEARS, W/O C.K.ABDULLA,
CHERUVALLIKUDY HOUSE, PALLIPRAM,
MARAMBILLY VILLAGE,
PERUMBAVOOR, ERNAKULAM DISTRICT.

BY ADV. SRI.GEORGE SEBASTIAN

RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE:
————————————————————————-

1. SOUMYA
D/O P.A.IBRAHIM, AGED 37 YEARS,
PADINJARECHALIL HOUSE, KAVUMKARA,
VELLOORKUNNAM VILLAGE, MUVATTUPUZHA 686 661

2. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERANKULAM 682 031.

R1 BY ADV. SRI.JOHNSON K.KURIEN
R2 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-07-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4504 of 2017 ()
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APPENDIX

PETITIONER(S)’ EXHIBITS
———————————-

ANNEXURE A A TRUE COPY OF THE FINAL REPORT IN CRIME 298/2015 OF
PERUMBAVOOR POLICE STATION, NOW PENDING AS
C.C.NO.792/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
PERUMBAVOOR

ANNEXURE B ORIGINAL AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT
DATED 29/6/2017

ANNEXURE C A TRUE COPY OF THE AGREEMENT DATED 17/6/2017 ENTERED
INTO BETWEEN THE 1ST PETITIONER AND THE 1ST RESPONDENT.

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

// True Copy //

PA to Judge

B.SUDHEENDRA KUMAR, J.
– – – – – – – – – – – – – – — – – — – – – – – – – – – — – – – – – – – –
Crl.M.C. No.4504 of 2017
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – –
Dated this the 10th day of July 2017

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O R D E R

The petitioners are the accused in C.C. No.792 of

2015 on the files of the court below. The offences alleged

are the offences under Sections 323, 406, 498A and 494

read with Section 34 I.P.C.

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 first 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. The above dispute arose

out of matrimonial relationship. Since the matter has been

Crl.M.C.4504/2017
-: 2 :-

settled between the parties, 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 petitioners in C.C. No.792 of 2015

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/10.7.2017

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