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Crime No. 983/2015 Of Vatagara … vs By Adv.Sri.P.Venugopal … on 15 December, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 19TH DAY OF JANUARY 2018 / 29TH POUSHA, 1939

Crl.MC.No. 8914 of 2017

………………….

AGAINST THE ORDER/JUDGMENT IN CC 1391/2016 of J.M.F.C.,VADAKARA

CRIME NO. 983/2015 OF VATAGARA POLICE STATION, KOZHIKODE

PETITIONER(S)/ACCUSED

1 SHAJIR,
S/O. ABDULLA, KILLIYATH HOUSE, PURAMERI P.O.,
VATAKARA, KOZHIKODE DISTRICT.

2 KUNHAAMI,
W/O. ABDULLA,
KILLIYATH HOUSE, PURAMERI P.O.,
VATAKARA, KOZHIKODE DISTRICT.

BY ADV.SRI.P.VENUGOPAL (1086/92)

RESPONDENT(S)/STATE DEFACTO-C0MPLAINANT :

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.

2. HASNATH,
AGED 24 YEARS, D/O. ABDUL AZEEZ, KUTTIKATTIL HOUSE,
VALLIAD P.O., VILLYAPPALLI VIA, VATAKARA, KOZHIKODE DISTRICT,
PIN – 673 542.

R2 BY ADV. SMT.T.J.MARIA GORETTI
R1 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 8914 of 2017 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A TRUE COPY OF THE FIR REGISTERED BY THE FIRST
RESPONDENT IN CRIME NO.983/2015 OF VATAKARA
POLICE STATION TOGETHER WITH THE COMPLAINT
PREFERRED BY THE SECOND RESPONDENT BEFORE THE
JFCM COURT, VATAKARA.

ANNEXURE B TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE
FIRST RESPONDENT IN CRIME NO.983/2015 OF
VATAKARA POLICE STATION.

ANNEXURE C AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT
DATED 15.12.2017.

RESPONDENTS’ EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

Pn

SUNIL THOMAS, J.
——————————————-
Crl. M. C. No. 8914 of 2017
——————————————-
Dated this the 19th day of January, 2018

O R D E R

The petitioners are the accused in Crime No.983/2015 of

Vatakara Police Station, Kozhikode now pending as C.C.

No.1391/2016 of Judicial First Class Magistrate Court, Vatakara for

offences punishable under Sections 323, 406 498A read with 34

IPC. According to the prosecution, on 21.01.2011, the accused

married the de facto complainant, who is the 2nd respondent

herein. While they were living together, she is stated to have

been subjected to matrimonial cruelty by the husband and the in-

laws, who are arrayed as the 1st and 2nd accused. 2nd accused is

the mother of the 1st accused.

2. Learned counsel for the petitioners and the learned

counsel for the 2nd respondent submitted that pending the

proceedings, the parties have resolved their disputes and

acknowledging the settlement, an affidavit has been affirmed by

the 2nd respondent. The above affidavit is produced as Annexure

C. It was stated that with the intervention of the mediators, they

have agreed to accept an ex-parte decree of divorce granted in

Crl. M. C. No. 8914 of 2017 2

favour of the wife by the Family Court. It was stated that all the

claims between the parties have been completely settled.

3. The learned Public Prosecutor on instructions

submitted that the parties have resolved their disputes.

4. Having considered the entire facts and that the dispute

essentially arose from a matrimonial discord, I feel that a quietus

is liable to be given by quashing the entire proceedings.

Accordingly, Crl.M.C. is allowed. All further proceedings in

C.C. No.1391/2016 of Judicial First Class Magistrate Court,

Vatakara stand quashed.

Sd/-

SUNIL THOMAS, JUDGE.

Pn

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