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Against The Order/Judgment In Cc … vs Iqbal on 2 November, 2017

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 ()
—————————

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:
———————

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:
——————————————–

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 ()
—————————

APPENDIX

PETITIONER(S)’ EXHIBITS
———————–

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
———————–

/TRUE COPY/

P. A. TO JUDGE

Pn

SUNIL THOMAS, J.
——————————————-
Crl. M. C. No. 7936 of 2017
——————————————-
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

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