Against The Order/Judgment In Cc … vs K.P.Abdul Rasheed on 10 October, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939

Crl.MC.No. 6998 of 2017 ()
—————————
AGAINST THE ORDER/JUDGMENT IN CC 871/2013 of J.M.F.C.,PAYYANNUR
CRIME NO. 135/2013 OF PAYYANNUR POLICE STATION , KANNUR

PETITIONER(S)/ACCUSED NO.1 TO 9:
——————————-

1. K.P.ABDUL RASHEED
AGED 37 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

2. K.P.BEEFATHIMA
AGED 60 YEARS, W/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

3. K.P.RAHIANATH
AGED 43 YEARS, D/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

4. K.P.VAHID
AGED 38 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

5. K.P.SIRAJ
AGED 28 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

6. K.P.NOUSHAD
AGED 26 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

7. K.P.JASMINA
AGED 25 YEARS, D/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

Crl.MC.No. 6998 of 2017

8. K.P.JAMSEERA
AGED 22 YEARS, D/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

9. SAHIRA T.M.
AGED 35 YEARS, W/O.K.P.VAHID, KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.

BY ADV. SRI.M.V.AMARESAN

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

1. THAI VALAPPIL SAMEERA
AGED 30 YEARS, D/O.MUHAMMED KUNHI, KANIYERI VELLUR,
VELLUR POST, KANNUR DISTRICT, PIN-670307.

2. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

R1 BY ADV. SRI.PHILJO VARUGHESE PHILIPS
R BY PUBLIC PROSECUTOR:SRI T R RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6998 of 2017 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE 1 TRUE COPY OF F.I.R. IN CRIME NO.135/2013 OF
PAYYANNUR POLICE STATION.

ANNEXURE 2 TRUE COPY OF CHARGE SHEET IN CRIME NO.135/2013 OF
PAYYANUR POLICE STATION.

ANNEXURE 3 TRUE COPY OF AFFIDAVIT SWORN BY THE 1ST RESPONDENT
DATED 10-10-2017.

RESPONDENT(S)’ EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.6998 of 2017

Dated this the 30th day of October, 2017

ORDER

Petitioners are the accused in Crime No.135 of 2013 of

Payyanoor Police Station for offence punishable under section 498A

of the Indian Penal Code.

2. It is alleged by the first respondent through her private

complaint that the petitioners have subjected her to matrimonial

cruelty falling within section 498A IPC. After investigation, final

report was laid and the matter is now pending as C.C.No.871 of

2013 of the Judicial First Class Magistrate Court, Payyannur.

Crl.M.C is filed by the petitioners contending that the relatives

intervened and disputes were resolved. Accordingly, talaq was

pronounced. An affidavit has been filed by the first respondent as

Annexure-3 referring to the settlement between the parties.

3. Learned counsel for the petitioners and the learned

counsel for the third respondent, relying on the above affidavit,

submitted that the parties have resolved their disputes and they

have no surviving grievance. Learned counsel for the first

respondent submitted that his client do not intend to pursue the

matter. Settlement has been reported to the police and the

statement of the victim has been recorded.

Crl.M.C.6998/17
2

4. Having considered the settlement between the parties, I

am inclined to invoke the jurisdiction under section 482 Cr.P.C to

quash the criminal proceedings, being one arising from the private

dispute.

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

in C.C.No.871 of 2013 of the Judicial First Class Magistrate Court,

Payyannur arising from Crime No.135 of 2013 of Payyanoor Police

Station stand quashed.

Sd/-

SUNIL THOMAS
Judge
Sbna/30/10/17
True Copy / P A to Judge

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