Against The Order/Judgment In Cc … vs Bhinoy Japher on 6 October, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 24TH DAY OF OCTOBER 2017/2ND KARTHIKA, 1939

Crl.MC.No. 6840 of 2017 ()
—————————
AGAINST THE ORDER/JUDGMENT IN CC 3501/2014 of J.M.F.C.,
KODUNGALLUR
CRIME NO. 933/2014 OF KODUNGALLUR POLICE STATION , TRISSUR

PETITIONER(S)/ACCUSED NO.1 2:
——————————
1. BHINOY JAPHER
AGED 36 YEARS, ENGINEER, S/O. ABDUL KAREEM JAPHER,
SEHAR, PLOT NO 515, SECTOR NO.28, PCNT, NIGDI,
PRADHIKARAN, PUNE,MAHARASHTRA.

2. ABDUL KAREEM JAPHER,
AGED 69 YEARS, BUSINESS, S/O. ABDUL KAREEM LABBA,
SEHAR,PLOT NO 515, SECTOR NO.28, PCNT, NIGDI,
PRADHIKARAN, PUNE,MAHARASHTRA.

3. BABY JAPHER,
AGED 60 YEARS, HOUSE WIFE, W/O. ABDUL KAREEM JAPHER,
SEHAR,PLOT NO 515, SECTOR NO.28, PCNT, NIGDI,
PRADHIKARAN, PUNE,MAHARASHTRA.

BY ADV. SRI.K.A.NOUSHAD

RESPONDENT(S):
————–
1. SHABNAM
AGED 32 YEARS, D/O. MOHIYADDIN, KADAMBOT HOUSE,
MADAVANA DESOM, ERIYAD VILLAGE, KODUNGALLUR TALUK,
THRISSUR DISTRICT PRESENTLY RESIDING AT FLAT NO.4,
A-1, KOMAL ARCADE, ST. MARTIN ROAD, PALARIVATTOM,
ERNAKULAM.

2. STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
KODUNGALLUR(FIR NO.933/2014)POLICE STATION,
THROUGH PUBLIC PROSECUTOR,
HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM.

R1 BY ADV. SRI.K.P.MAJEED
BY PUBLIC PROSECUTOR:SRI T R RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6840 of 2017 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE 1 PHOTOSTAT COPY OF THE CHARGE SHEET SUBMITTED BY
THE SECOND RESPONDENT IN CRIME NO. 933/2014.

ANNEXURE 2 PHOTOSTAT COPY OF THE AGREEMENT DATED 06.10.2017
ENTERED IN BETWEEN THE PETITIONERS AND 1ST RESPONDENT ALONG WITH
AFFIDAVIT R1.

RESPONDENT(S)’ EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.6840 of 2017

Dated this the 24th day of October, 2017

ORDER

Petitioners are arrayed as accused in C.C.No.3501 of

2014 of the Judicial First Class Magistrate Court, Kodungallur for

offence punishable under section 498 r/w 34 of the Indian Penal

Code.

2. The first petitioner was the husband of the first

respondent/de facto complainant. They got married on 25.10.2008.

Thereafter, they lived together at their house in Maharashtra.

Matrimonial disputes arose leading to their separation in life. The

first respondent filed a complaint before the police as Crime No.933

of 2014 of Kodungallur police station for offence punishable under

section 498A r/w 34 IPC. Investigation was conducted and

thereafter, final report was laid. The matter was taken cognizance

of and is now pending as C.C.No.3501 of 2014. The second

petitioner is the father of the first petitioner and the third petitioner

is the mother of the first petitioner. The allegation in the crime is

that, they have subjected the first respondent to matrimonial

cruelty.

3. Crl.M.C is laid by the accused on a contention that the

parties have now resolved their dispute. It was further stated that

Crl.M.C.6840/17
2

the first respondent has no further grievance. To substantiate it,

learned counsel for the petitioners and the learned counsel for the

first respondent relied on Annexure-2 agreement entered into

between the parties. Both the counsel invited my attention to

clause (7) of Annexure-2 , wherein, payment of a sum of

Rs.9,00,000/- as a part of the settlement is referred to. The first

respondent had undertaken to terminate M.C.No.29 of 2014 as well

as C.C.No.3501 of 2014. Learned counsel for the first respondent

referred to an affidavit sworn to by the first respondent dated

06.10.2017 reiterating the settlement between the parties. Having

considered the entire facts and the submission of the learned Public

Prosecutor that the matter has been settled and reported to the

police, I am inclined to invoke the jurisdiction under section 482

Cr.P.C to quash the entire proceedings in C.C.No.3501 of 2014.

In the result, Crl.M.C is allowed. All further proceedings in

C.C.No.3501 of 2014 of the Judicial First Class Magistrate Court,

Kodungallur arising from Crime No.933 of 2014 of Kodungallur

police station stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/24/10/17
True Copy / P A to Judge

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