IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
Crl.MC.No. 1929 of 2018
PENDING AS CC 1709/2015 of JJUDICIAL FIRST CLASS MAGISTRATE
COURT, NILAMBUR
CRIME NO. 91/2015 OF POTHUKAL POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:-
1 MOHAMMED ASIF
AGED 38 YEARS, S/O.HAMMABBA,
ENOLI, SOUTH KARNATAKA, BOLIYAR P.O.,
MANGLORE, KARNATAKA STATE.
2 PATHUMMA
AGED 53 YEARS, W/O.HAMMABBA,
ENOLI, SOUTH KARNATAKA, BOLIYAR P.O.,
MANGLORE, KARNATAKA STATE.
3 ASHRAF
AGED 43 YEARS, ENOLI,
SOUTH KARNATAKA, BOLIYAR P.O.,
MANGLORE, KARNATAKA STATE.
BY ADV.SRI.P.SAMSUDIN
RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT:-:
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
(CRIME NO.91/2015 OF POTHUKALLU POLICE STATION).
2. RAMLATH KAVALAPPARA
AGEED 28 YEARS, D/O.ALAVI KAVALAPPARA,
KAVALAPPARA HOUSE, KANNIPPALA,
BHOODANAM P.O. – 679 334,
POTHUKALLU, NILAMBUR TALUK,
MALAPPURAM DISTRICT.
R2 BY ADV. SRI.JITHIN LUKOSE
R1 BY SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1929 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE A1. TRUE COPY OF FINAL REPORT IN CRIME NO.91/2015
POTHUKALLU POLICE STATION.
ANNEXURE A2. THE AFFIDAVIT DATED 08.03.2018 SWORN IN BY THE
2ND RESPONDENT.
RESPONDENT(S)’ EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.1929 of 2018
——————————
Dated this the 9th day of April, 2018
ORDER
The petitioners herein stand arrayed as the
accused in Crime No.91/2015 of Pothukallu Police
Station, for offences punishable under sections 498A,
406, 495, 468 read with section 34 of the Indian
Penal Code.
2. The first accused had married the defacto
complainant on 19.4.2012 and lived together as
husband and wife till 22.3.2013. In the meanwhile,
the matrimonial dispute arose, contending that the
defacto complainant was reiterated by the husband
along with her in-laws, complaint was laid, arraying
the petitioners herein, as the accused. Crime was
registered and after investigation, final report was
filed. Cognizance was taken and the matter is now
pending as CC.No.1709/2015 on the files of the
Judicial First Class Magistrate Court, Nilambur.
3. According to the petitioners, parties have
Crl.M.C.No.1929 of 2018
2
resolved their dispute and settled it by mediation. The
matrimonial relationship between the first petitioner
and the second respondent has been resumed. They
are now living together as husband and wife. Hence
relying on Annexure-A2 affidavit, it was contended
that the Crl.M.C may be allowed and all proceedings in
the criminal case be quashed. The learned counsel for
the second respondent admitted that Annexure-A2
affidavit has been affirmed by her. The learned Public
Prosecutor also endorsed that the matrimonial dispute
has been resolved and the couple have resumed their
matrimonial relationship. Having considered the fact
that the dispute is essentially a matrimonial dispute,
which the parties themselves have resolved, I find no
reason as to why the criminal proceedings should
continue. Hence section 482 Cr.P.C is invoked to meet
the ends of justice.
Accordingly, Crl.M.C is allowed. All further
proceedings in C CC.No.1709/2015 on the files of the
Judicial First Class Magistrate Court, Nilambur, arising
Crl.M.C.No.1929 of 2018
3
from Crime No.91/2015 of Pothukallu Police Station ,
will stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge