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Against The Order/Judgment In Sc … vs By Adv.Sri.K.K.Mohamed Ravuf on 26 December, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

Crl.MC.No. 11 of 2018

AGAINST THE ORDER/JUDGMENT IN SC 134/2016 of D.C. SESSIONS COURT,MANJERI
CRIME NO. 391/2015 OF PARAPPANGADI POLICE STATION , MALAPPURAM

PETITIONER(S)

1 HAMZA @ BAVA,
S/O. MUHAMMED, AGED 44 YEARS, THADATHIL HOUSE, MURICKAL
ROAD, KARINKALATHANI, ULLANAM P.O., PARAPPANANGADI,
MALAPPURAM DISTRICT.

2 UMMACHUTTI,
AGED 71 YEARS, W/O. MUHAMMED,
THADATHIL HOUSE, MURICKAL ROAD, KARINKALATHANI,
ULLANAM P.O., PARAPPANANGADI, MALAPPURAM DISTRICT.

BY ADV.SRI.K.K.MOHAMED RAVUF

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT :

1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.

2. FATHIMA,
D/O. MUHAMMEDALI, AGED 41 YEARS, THAZHEKILIYANGAD HOUSE,
CHELAMBRA P.O., MALAPPURAM DISTRICT.

R2 BY ADV. SRI.K.A.ANISH
R BY PUBLIC PROSECUTOR:SRI RAMESH CHAND

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-02-2018, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 11 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO. 391/2015 OF PARAPPANANGADI
POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN S. C. NO. 134/2016 OF
DISTRICT AND SESSIONS COURT, MANJERI.

ANNEXURE A3 TRUE COPY OF THE AGREEMENT DATED 26.12.2017 EXECUTED
BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT.

ANNEXURE A4 AFFIDAVIT DATED 26.12.2017 SWORN TO BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.11 of 2018

Dated this the 9th day of February, 2018

ORDER

Petitioners herein are accused Nos.1 and 2 in

S.C.No.134 of 2016 of District and Sessions Court, Manjeri arising

from Crime No.391 of 2015 of Parappanagadi Police Station for

offences punishable under sections 406, 498A, 506(i) and 308 of the

Indian Penal Code.

2. First petitioner had married the second respondent in

the year 2004 and three children were born in the matrimonial

relationship. Second respondent filed a complaint alleging

matrimonial cruelty. After investigation, final report was filed and

the matter in now pending consideration. In the meanwhile, parties

are stated to have resolved their dispute and entered into an

agreement evidenced by Annexure-A3. Annexure-A4 is an affidavit

affirmed by the defacto complainant acknowledging the settlement.

Learned counsel for the petitioners and learned counsel for the

respondent submitted that, they have no objection in quashing the

proceedings.

3. When the matter was taken up on the last occasion, it

was submitted by the learned Public Prosecutor that the matter was

not settled as reported by the defacto complainant. However,
Crl.M.C.11/18
2

learned counsel for the petitioners has produced before this Court

today a certified copy of petition filed by the petitioners and the

second respondent jointly, signed by the first petitioner and others

and also signed by the second respondent. By the above

compromise, she acknowledged the receipt of the entire benefits

due under a divorce to a women and stated that, she was fully

satisfied with that. She also stated that, accordingly, the

compromise may be accepted by the Court. Accordingly, settlement

was accepted by the court below and it was allowed by the Court by

order dated 26.12.2017 after recording the joint settlement and the

presence of the second respondent herein before that Court.

Having considered these facts, I am satisfied that the parties have

resolved their dispute and no further grievance survives. In the

above circumstances, I am inclined to allow the Crl.M.C.

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

S.C.No.134 of 2016 of District and Sessions Court, Manjeri arising

from Crime No.391 of 2015 of Parappanagadi Police Station will

stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/9/2/18

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