IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939
Crl.MC.No. 6998 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 871/2013 of J.M.F.C.,PAYYANNUR
CRIME NO. 135/2013 OF PAYYANNUR POLICE STATION , KANNUR
PETITIONER(S)/ACCUSED NO.1 TO 9:
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1. K.P.ABDUL RASHEED
AGED 37 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
2. K.P.BEEFATHIMA
AGED 60 YEARS, W/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
3. K.P.RAHIANATH
AGED 43 YEARS, D/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
4. K.P.VAHID
AGED 38 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
5. K.P.SIRAJ
AGED 28 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
6. K.P.NOUSHAD
AGED 26 YEARS, S/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
7. K.P.JASMINA
AGED 25 YEARS, D/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
Crl.MC.No. 6998 of 2017
8. K.P.JAMSEERA
AGED 22 YEARS, D/O.LATE MOIDEEN,
KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
9. SAHIRA T.M.
AGED 35 YEARS, W/O.K.P.VAHID, KELOTH PURAYIL HOUSE,
VELLAPP, TRIKARIPUR P.O., KASARAGOD DISTRICT.
BY ADV. SRI.M.V.AMARESAN
RESPONDENT(S)/DEFACTO COMPLAINANT STATE:
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1. THAI VALAPPIL SAMEERA
AGED 30 YEARS, D/O.MUHAMMED KUNHI, KANIYERI VELLUR,
VELLUR POST, KANNUR DISTRICT, PIN-670307.
2. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
R1 BY ADV. SRI.PHILJO VARUGHESE PHILIPS
R BY PUBLIC PROSECUTOR:SRI T R RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6998 of 2017 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE 1 TRUE COPY OF F.I.R. IN CRIME NO.135/2013 OF
PAYYANNUR POLICE STATION.
ANNEXURE 2 TRUE COPY OF CHARGE SHEET IN CRIME NO.135/2013 OF
PAYYANUR POLICE STATION.
ANNEXURE 3 TRUE COPY OF AFFIDAVIT SWORN BY THE 1ST RESPONDENT
DATED 10-10-2017.
RESPONDENT(S)’ EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
Crl.M.C.No.6998 of 2017
Dated this the 30th day of October, 2017
ORDER
Petitioners are the accused in Crime No.135 of 2013 of
Payyanoor Police Station for offence punishable under section 498A
of the Indian Penal Code.
2. It is alleged by the first respondent through her private
complaint that the petitioners have subjected her to matrimonial
cruelty falling within section 498A IPC. After investigation, final
report was laid and the matter is now pending as C.C.No.871 of
2013 of the Judicial First Class Magistrate Court, Payyannur.
Crl.M.C is filed by the petitioners contending that the relatives
intervened and disputes were resolved. Accordingly, talaq was
pronounced. An affidavit has been filed by the first respondent as
Annexure-3 referring to the settlement between the parties.
3. Learned counsel for the petitioners and the learned
counsel for the third respondent, relying on the above affidavit,
submitted that the parties have resolved their disputes and they
have no surviving grievance. Learned counsel for the first
respondent submitted that his client do not intend to pursue the
matter. Settlement has been reported to the police and the
statement of the victim has been recorded.
Crl.M.C.6998/17
2
4. Having considered the settlement between the parties, I
am inclined to invoke the jurisdiction under section 482 Cr.P.C to
quash the criminal proceedings, being one arising from the private
dispute.
In the result, Crl.M.C is allowed. All further proceedings
in C.C.No.871 of 2013 of the Judicial First Class Magistrate Court,
Payyannur arising from Crime No.135 of 2013 of Payyanoor Police
Station stand quashed.
Sd/-
SUNIL THOMAS
Judge
Sbna/30/10/17
True Copy / P A to Judge
