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Against The Order/Judgment In Cc … vs By Adv.Sri.R.Ranjith (Manjeri) on 24 January, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939

Crl.MC.No. 1391 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 204/2017 of JUDL.MAG.OF FIRST
CLASS-I, MANJERI
CRIME NO. 362/2016 OF KALIKAVU POLICE STATION , MALAPPURAM

PETITIONER(S)/ACCUSED:

1 ABDUL MANAF
S/O ABDULLA, VELLAYOOR MADATHIL HOUSE,
KOORIPPOYIL, KOORAD PO, KALIKAVU, MALAPPURAM DISTRICT.

2 THAYAKKUTTY,
W/O ABDULLA, VELLAYOOR MADATHIL HOUSE,
KOORIPPOYIL, KOORAD PO, KALIKAVU, MALAPPURAM DISTRICT.

3 RAMLATH
W/O MOOSA, ITTEPPADAN VEEDU, ARIKKUZHI,
PALAKKALVETTA PO, KALIKAVU, MALAPPURAM DISTRICT.

4 NADEERA
D/O ABDULLA, VELAYOOR MADATHIL HOUSE,
KOORIPPOYIL, KOORAD PO, KALIKAVU, MALAPPURAM DISTRICT.

BY ADV.SRI.R.RANJITH (MANJERI)

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI. 682031,
THROUGH THE SUB INSPECTOR OF POLICE,
OTTAPALAM POLICE STATION, PALAKKAD DISTRICT.

2. AJMAL FARISHA
D/O ALI, AGED 22 YEARS, ARYADAN HOUSE,
ADAKKAKUNDU POST, KALIKAVU, ERNAD TALUK,
MALAPPURAM DISTRICT. 676525

R2 BY ADV. SRI.A.P.NIDHIN KUMAR
R BY PUBLIC PROSECUTOR:SRI C N PRABHAKARAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING
Crl.MC.No. 1391 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME
NO.362/2016 OF THE KALIKAVU POLICE STATION.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 24.1.2018

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.1391 of 2018

Dated this the 15th day of March, 2018

ORDER

Petitioners herein are arrayed as accused in Crime No.362

of 2016 of Kalikavu Police station for offences punishable under

sections 498A, 406 r/w 34 of the Indian Penal Code.

2. The first petitioner had married the second respondent on

09.06.2013. Later, alleging that the second respondent did not bring

adequate gold ornaments and money, she was subjected to cruelty by

the husband and relatives, who are petitioners 2 to 4. Pursuant to the

complaint laid, cognizance was taken and the case was numbered as

C.C.No.204 of 2017 by the Judicial First Class Magistrate Court,

Manjeri. Pending the proceedings, parties are stated to have resolved

their dispute.

3. It is stated that the second respondent has agreed to give

quietus to the present criminal case and the matrimonial dispute

between the husband and wife have been settled with the intervention

of the well wishers. Accordingly, the matter is settled. She has filed

an affidavit as Annexure-B reiterating the settlement. Learned Public

Prosecutor also submitted that the statement of the victim has been

recorded, wherein, she has affirmed the settlement.
Crl.M.C.1391/18
2

4. Having considered these facts, I am inclined to invoke the

jurisdiction under section 482 Cr.P.C to quash the criminal

proceedings.

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

from Crime No.362 of 2016 of Kalikavu Police station will stand

quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/15/3/18
True Copy / P A to Judge

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