SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ashkar vs The State Of Kerala on 11 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941

Crl.MC.No.6881 OF 2019(A)

AGAINST THE ORDER/JUDGMENT IN CC 1745/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,CHAVAKKAD

CRIME NO.508/2018 OF Chavakkad Police Station , Thrissur

PETITIONERS:

1 ASHKAR
AGED 31 YEARS
S/O.HYDHROSE, MUSLIM VEETIL HOUSE, PALAYOOR P.O.,
CHAVAKKAD, THRISSUR.

2 BEEVI,
AGED 53 YEARS
W/O.HYDHROSE, MUSLIM VEETIL HOUSE, PALAYOOR P.O.,
CHAVAKKAD, THRISSUR.

3 SULPHATH,
AGED 48 YEARS
D/O.HYDHROSE, MUSLIM VEETIL HOUSE, PALAYOOR P.O.,
CHAVAKKAD, THRISSUR.

4 RAMLATH,
AGED 41 YEARS
D/O.HYDHROSE, MUSLIM VEETIL HOUSE, PALAYOOR P.O.,
CHAVAKKAD, THRISSUR.

BY ADV. SRI.S.NIDHEESH

RESPONDENTS:

1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

2 THASNEEM
D/O.ARAKAPARAMBIL SHAMSUDHEEN, PUNNAYOOR SOUTH,
EDAKAZHIYOOR P.O., CHAVAKKAD, THRISSUR-680 506.

R2 BY ADV. V.S.SHIRAZ BAVA
PP MR.T.R.RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6881 OF 2019

2

N.ANIL KUMAR, J.
————————————
Crl.M.C.No.6881 of 2019
—————————————
Dated this the 11th day of October, 2019

ORDER

This Crl.M.C is filed seeking to quash Annexure-I final report

and all further proceedings in C.C.No.1745/2018 on the file of the

Judicial First Class Magistrate Court, Chavakkad.

2. The prosecution case in brief is as follows:

The marriage between the defacto complainant and the

1st accused was solemnized on 29.03.2015 at Chathothayil

Regency at Vadakkekkad. It is further alleged that, ever since the

solemnization of marriage, the accused have been illtreating her

and making demand for further dowry and gold sovereigns.

Consequent upon a complaint filed by the defacto complainant,

the police had filed a final report for the offences punishable under

Sections 406 and Section498A of IPC against the accused. When the

marital relationship was strained between the parties, they had

approached before the Family Court. The parties got divorced and

are now living separately. After the judgment, the parties had

entered into a comprise by giving a quietus to the entire matter.

It is stated that as per the compromise, the parties amicably
Crl.MC.No.6881 OF 2019

3

settled the issues and wanted to terminate the entire ongoing

proceedings including the prosecution against the petitioners. In

accordance with the compromise, the defacto complainant, who is

the 2nd respondent herein had subscribed and sworn to an affidavit

by way of Annexure-II stating that the parties had mutually

entered into a settlement and that the defacto complainant has no

objection in quashing the proceedings.

3. On going through the facts and circumstances of the

case, it is clear that the offence alleged in the final report is one

relating to the matrimonial offence and that the parties had given

a complete quietus to the issue. Hence, Annexure-I final report

and all further proceedings in C.C.1745/2018 on the file of Judicial

First Class Magistrate Court, Chavakkad are liable to be quashed.

In the result, the Crl.M.C stands allowed. Annexure-I final

report and all further proceedings in C.C.No.1745/2018 on the file

of Judicial First Class Magistrate Court, Chavakkad are quashed.

Sd/-

N.ANIL KUMAR,
JUDGE
mpm
Crl.MC.No.6881 OF 2019

4

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE CHARGE SHEET IN CC
1745/18 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHAVAKKAD.

ANNEXURE II ORIGINAL OF THE AFFIDAVIT OF THE 2ND
RESPONDENT DATED 19.09.2019.

// TRUE COPY //
P.A. TO JUDGE

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation