IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
Crl.MC.No. 7936 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 925/2016 of J.M.F.C.-I, PERINTHALMANNA
CRIME NO. 268/2016 OF KOLATHUR POLICE STATION, MALAPPURAM
PETITIONER(S)/ACCUSED:
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1. IQBAL
AGED 29 YEARS, S/O. MOOSA, ARIKKATH HOUSE,
CHERUKULAMBU, VATTALLOOR, KURUVA, MALAPPURAM DISTRICT.
2. FATHIMA @ PATHUMMA,
AGED 62 YEARS, W/O. MOOSA, ARIKKATH HOUSE,
CHERUKULAMBU, VATTALLOOR, KURUVA, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
(CRIME NO.268/2016 OF KOLATHUR POLICE STATION)
2. NUSHATH,
AGED 20 YEARS, D/O. ABDULLA, MURINGEKKAL HOUSE,
KURUVA AMSOM, PAZHAMALLUR DESOM, PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN – 676 506.
R2 BY ADV. SRI.JITHIN LUKOSE
R1 BY SR.PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7936 of 2017 ()
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APPENDIX
PETITIONER(S)’ EXHIBITS
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ANNEXURE A1 TRUE COPY OF FIR AND FINAL REPORT IN CRIME NO.268/2016
OF KOLATHUR POLICE STATION.
ANNEXURE A2 THE AFFIDAVIT SWORN IN BY 2ND RESPONDENT (DE-FACTO
COMPLAINANT)DATED 02.11.2017.
RESPONDENT(S)’ EXHIBITS : NIL
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/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
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Crl. M. C. No. 7936 of 2017
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Dated this the 12th day of December, 2017
O R D E R
The 2nd respondent was married to the 1st petitioner on
17.09.2015. During their matrimonial relationship, disputes
arose. Alleging that the gold ornaments and the money given by
the de facto complainant were misappropriated by the husband
and his mother, she initiated criminal proceedings. Accordingly,
Crime No. 268/2016 was registered by the Kolathur Police Station,
Malappuram District for offences punishable under Sections 498A,
406 read with 34 IPC. After investigation final report was filed
and the matter is now pending as C.C. No.925/2016 of the Judicial
First Class Magistrate Court 1, Perinthalmanna.
2. Petitioners have filed Crl.M.C. contending that the
disputes between the parties have been settled amicably and
‘talak’ has been pronounced. Learned counsel for the 2nd
respondent acknowledged the settlement of the disputes with
reference to Annexure A2 affidavit executed by the 2nd
respondent. Learned counsel for the petitioners and the learned
counsel for the 2nd respondent submitted that all the disputes
between the parties have been completely settled to the
Crl. M. C. No. 7936 of 2017 2
satisfaction of the 2nd respondent and she has no objection in
quashing the proceedings.
3. Learned Public Prosecutor on instructions submitted
that the settlement has been reported to the investigating
agency.
4. Having considered the nature of allegations which is
essentially one arising from a matrimonial discord, I am inclined
to invoke the jurisdiction under Section 482 Cr.P.C. to meet the
ends of justice.
Accordingly, Crl.M.C. is allowed. All further proceedings in
C.C. No.925/2016 of the Judicial First Class Magistrate Court 1,
Perinthalmanna stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn
