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