IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941
Crl.MC.No. 3355 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 352/2016 of JUDICIAL MAGISTRATE
OF FIRST CLASS -I, PERINTHALMANNA
CRIME NO. 172/2016 OF Perinthalmanna Police Station , Malappuram
PETITIONERS/ACCUSED
1 SHAMEEM IQBAL
S/O MUHAMMED, THEKKAN HOUSE, THOOTHA PO,
MALAPPURAM DISTRICT.
2 SHAHIDA
D/O MUHAMMED, THEKKAN HOUSE, THOOTHA PO,
MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031, THROUGH THE SUB
INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION,
MALAPPURAM DISTRICT.
2 HASEENA
D/O KUNHUMOHAMED, MOYIKAL HOUSE, GUDALUR
TALUK,NEELAGIRI DISTRICT, TAMIL NADU, PIN-643212.
BY ADV. SRI.K.S.PRAVEEN
OTHER PRESENT:
SRI REMESH CHAND SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3355 of 2018
2
ORDER
The petition is filed by the accused in Crime No.172/2016 of
the Perinthalmanna Police Station, which has been taking into
premises of Judicial First Class Magistrate Court-I, Perinthalmanna
as C.C No.352/2016 for offences allegedly punishable under
Sections 498A and 406 r/w Section 34 of IPC.
2. The 2nd respondent is the defacto complainant, who is
wife of the 1st petitioner. The defacto complainant has filed an
affidavit, sworn in front of the Assistant Consular Officer, in the
Consulate General of India, Jeddah. Her parents, who are in the
country have also given their statement to the investigating
officer, which has been conveyed to this court by the learned
Public Prosecutor. In view of the conciliation that has been arrived
at between the parties, I find that there is no meaning in keeping
the proceedings pending before the court below. In the
circumstance, the petition is allowed and the entire proceedings in
C.C No.352/2016 on the files of Judicial First Class Magistrate
Court-I, Perinthalmanna would stand quashed. The petitioners
shall be exonerated from the allegations.
Sd/-
ASHOK MENON
JUDGE
bng/30.04.19
Crl.MC.No. 3355 of 2018
3
APPENDIX
PETITIONER’S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FINAL REPORT/CHARGE IN
CRIME NO.172/2016 OF THE PERINTHALMANNA
POLICE STATION.
ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
2ND RESPONDENT DATED 22.1.2018.
RESPONDENTS EXHIBITS:NIL
