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Crime No. 172/2016 Of … vs By Adv. Sri.K.Rakesh on 30 April, 2019

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

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