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Crime No. 1134/2012 Of Vatagara … vs By Adv.Sri.P.Venugopal … on 14 March, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY, THE 13TH DAY OF APRIL 2018 / 23RD CHAITHRA, 1940

Crl.MC.No. 1862 of 2018

PENDING AS CC 124/2013 of JUDICIAL FIRST CLASS MAGISTRATE
COURT, VADAKARA

CRIME NO. 1134/2012 OF VATAGARA POLICE STATION , KOZHIKODE

PETITIONER(S)/ACCUSED

1 C.P.HASHIM,
S/O.C.P.IBRAHIM, CHIRAKKAL PARAMBATH HOUSE, NEAR
M.U.M.HIGH SCHOOL, VATAKARA P.O., KOZHIKODE DISTRICT.

2 SAREENA,
D/O.C.P.IBRAHIM, CHIRAKKAL PARAMBATH HOUSE, NEAR
M.U.M.HIGH SCHOOL, VATAKARA P.O., KOZHIKODE DISTRICT.

BY ADV.SRI.P.VENUGOPAL (1086/92)

RESPONDENT(S)/STATE DEFACTO-COMPLAINANT:

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.

2. RAHMATH,
AGED 39 YEARS, D/O.YOOSAF MEETHALE KATTADIMMAL HOUSE,
ONCHIYAM P.O., VATAKARA, KOZHIKODE DISTRICT, PIN-673308.

R2 BY ADV. SMT.T.J.MARIA GORETTI
R1 BY SRI.K.B.UDAYABHANU, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1862 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A- TRUE COPY OF THE FIR REGISTERED BY THE FIRST
RESPONDENT IN CRIME NO.1134/2012 OF VATAKARA
POLICE STATION TOGETHER WITH THE COMPLAINT
PREFERRED BY THE SECOND RESPONDENT BEFORE THE
JFCM COURT, VATAKARA.

ANNEXURE B- TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE
FIRST RESPONDENT IN CRIME NO.1134/2012 OF
VATAKARA POLICE STATION.

ANNEXURE C- AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT
DATED 14/03/2018.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.
——————————-
Crl.M.C.No.1862 of 2018
——————————
Dated this the 13th day of April, 2018

ORDER

The petitioners herein, stand charge sheeted for

offences punishable under sections 498A read with

section 34 of the Indian Penal Code in Crime

No,1134/2012 of Vatakara Police Station.

2. The allegation of the second respondent –

defacto complainant is that, she was subjected to

matrimonial cruelty by the petitioners herein, who are

her husband and his sister. Crime was registered and

after investigation, final report was filed. The matter

is now pending as CC.No/124/2013 on the files of the

judicial First Class Magistrate Court, Vatakara.

3. It is submitted by the learned counsel for

the petitioners that, pending the proceedings the

matter was settled between the parties and an

affidavit affirming it has been signed by the defacto

complainant produced as Annexure-C. The learned

counsel for the second respondent admitted that
Crl.M.C.No.1862 of 2018
2

Annexure-C was executed by her in token of the

settlement between the parties. The learned Public

Prosecutor also submitted that the parties have

resolved their dispute and the statement of the

defacto complainant has been recorded. Having

considered these facts, I am inclined to hold that it is

purely personal dispute, which has now been

resolved.

Accordingly, Crl.M.C is allowed, All further

proceedings in CC.No.124/2013 on the files of the

Judicial First Class Magistrate Court, Vatakara in

Crime No.1134/2012 of Vatakara Police Station, will

stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//

PA to Judge

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