IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 21ST DAY OF JUNE 2017/31ST JYAISHTA, 1939
Crl.MC.No. 4048 of 2017 ()
—————————
CC 849/2016 of J.M.F.C.,NILAMBUR
CRIME NO. 222/2016 OF NILAMBUR POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:
——————————-
ASKER
S/O. ALI, KUTTANKADAVIL HOUSE,
ANAKKAYAM, MANJEREI, MALAPPURAM DISTRICT
BY ADV. SRI.BABU S. NAIR
RESPONDENT(S)/STATE DEFACTO COMPLAINANT:
——————————————
1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI 682 031 FOR THE
SUB INSPECTOR OF POLICE,
NILAMBUR POLICE STATION, MALAPPURAM DISTRICT
2. VAHIDA
W/O. ASKER,
KONGATH KURIKKAL HOUSE,PULIKKALODI, MAMPAD,
MALAPPURAM DISTRICT, PIN 676 542
R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF
R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-06-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4048 of 2017 ()
—————————
APPENDIX
PETITIONER(S)’ EXHIBITS
———————————-
ANNEXURE A TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO 22/2016
OF THE NILAMBUR POLICE STATION
ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 8-6-2017
RESPONDENT(S)’ EXHIBITS : NIL
———————–
// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
– – – – – – – – – – – – – – — – – — – – – – – – – – – — – – – – – – – –
Crl.M.C. No.4048 of 2017
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – –
Dated this the 21st day of June 2017
O R D E R
The petitioner is the accused in C.C. No.849 of 2016
on the files of the court below. The offences alleged as per
Annexure-A final report are the offences under Sections
406 and 498A I.P.C.
2. The second respondent is the de-facto complainant
in this case.
3. Heard.
4. The learned counsel for the parties and the learned
Public Prosecutor have submitted that the matter has been
settled between the parties and that the parties are presently
residing together as husband and wife. The second
respondent filed affidavit stating that the matter has been
Crl.M.C.4048/2017
-: 2 :-
settled between the parties and hence, she has no further
grievance against the petitioner. It is further stated in the
affidavit that the second respondent is presently residing
with the first petitioner, who is her husband, under one
roof. The above dispute arose out of family relationship.
Therefore, since the matter has been settled between the
parties and the parties are residing together as husband and
wife under one roof, quashing the said offences would
secure the ends of justice. For the said reason, I am
inclined to quash Annexure-A final report and further
proceedings against the petitioner in C.C. No.849 of 2016
on the files of the court below, in exercise of the inherent
power under Section 482 Cr.P.C., to meet the ends of
justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B.SUDHEENDRA KUMAR,
JUDGE
dl/21.6.2017
