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Crime No. 91/2015 Of Pothukal … vs By Adv.Sri.P.Samsudin on 8 March, 2018

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.
——————————-
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

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