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.
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Crl.M.C.No.1862 of 2018
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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
