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Crime No.1104/2014 Of Kondotty … vs By Advs.Sri.E.C.Ahamed Fazil on 7 June, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940

Crl.MC.No.3619 of 2018

C.C.NO.1000/2015 of JUDICIAL FIRST CLASS MAGISTRATE
COURT,MALAPPURAM

CRIME NO.1104/2014 OF KONDOTTY POLICE STATION,
MALAPPURAM

PETITIONERS/ACCUSED
———————

1 RIYAS,
AGED 38, S/O.ADUKKATHIL MUHAMMED HAJI,
ADUKATHIL HOUSE, PAZHOOR POST, VIA MAVOOR,
KOZHIKODE.

2 ADUKKATHIL MUHAMMED HAJI,
AGED 71, S/O.IBRAHIM HAJI, ADUKATHIL HOUSE,
PAZHOOR POST, VIA MAVOOR, KOZHIKODE.

3 ADUKKATHIL JALEEL,
AGED 49, S/O.ADUKKATHIL MUHAMMED HAJI,
ADUKATHIL HOUSE, PAZHOOR POST, VIA MAVOOR,
KOZHIKODE.

BY ADVS.SRI.E.C.AHAMED FAZIL
SRI.P.C.MUHAMMED NOUSHIQ

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
——————————————

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

2. SUB INSPECTOR OF POLICE,
KONDOTTY POLICE STATION, MALAPPURAM DISTRICT.

3. SEENATH AMAN K.P.,
D/O.ABDUL KAREEM @ KAREEM BHAI, AGED 28,
RESIDING AT CHUNDAKKAADAN HOUSE, KONDOTTY POST,
MALAPPURAM DISTRICT.

R1 R2 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
R3 BY ADVS. SRI.K.M.FIROZ
SMT.M.SHAJNA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3619 of 2018

APPENDIX

PETITIONERS’ ANNEXURES
———————–

ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.
1104 OF 2014 OF KONDOTTY POLICE STATION,
MALAPPURAM.

ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 7.6.2018.

RESPONDENTS’ ANNEXURES
———————–
NIL

//True Copy//

P.A. To Judge

Bb

SUNIL THOMAS, J.

Crl.M.C.No. 3619 of 2018

Dated this the 22nd day of June, 2018

ORDER

The petitioners stand arrayed as accused in C.C. No.1000/15

of Judicial First Class Magistrate Court, Malappuram, arising from

Crime No.1104/2014 for offences punishable under sections

498A, 406 323 read with 34 of I.P.C.

2. The first petitioner had married the third respondent on

21.06.2013. While, they were living together, differences of

opinion arose. It is alleged by the defacto-complainant that the

petitioners have subjected her to matrimonial cruelty. She laid a

complaint which resulted in the registration of crime. After

investigation, Annexure A1 charge sheet was laid.

3. Crl.M.C is now filed contending that the petitioners

and the third respondent have amicably settled their disputes and

that the third respondent had initiated proceedings due to

temperamental differences. Petitioners have approached this

Court invoking the jurisdiction under Section 482 of Cr.P.C.
Crl.M.C.No. 3619 of 2018
2

4. To substantiate the claim of settlement, the petitioners

relied on Annexure A2 affidavit affirmed by the third respondent.

The learned counsel for the third respondent referring to the above

affidavit, submitted that the defacto-complainant has no further

grievance. Both sides submitted that all the matrimonial disputes

have been settled. The parties have got their matrimonial

relationship resolved. Hence, it was submitted that criminal

proceedings may be quashed.

4. The learned Public Prosecutor, on instructions,

submitted that the statement of defacto-complainant has been

recorded, wherein she has affirmed the settlement.

5. Hence, I am satisfied that the parties have voluntarily

and amicably settled their dispute. Crl.M.C is accordingly allowed

and all further proceedings in C.C.No.1000/15 of Judicial First

Class Magistrate, Malappuram stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
ACM
Crl.M.C.No. 3619 of 2018
3

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