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Crime No. 180/2017 Of Ponnani … vs By Advs.Sri.K.B.Arunkumar on 13 December, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

Crl.MC.No. 816 of 2018

PENDING AS CC 401/2017 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT – I, PONNANI

CRIME NO. 180/2017 OF PONNANI POLICE STATION , MALAPPURAM

PETITIONER(S)/ACCUSED NO.1 TO 4

1 NASARU
AGED 30 YEARS, S/O.MUHAMMAD KUTTY,
KURIKULAKATHU (H), PONNANI SOUTH P.O,
MALAPPURAM DISTRICT.

2 MUHAMMAD KUTTY
AGED 50 YEARS, S/O.ABDULLA KURIKULAKATHU,
KURIKULAKATHU (H), PONNANI SOUTH P.O,
MALAPPURAM DISTRICT.

3 NAFEESU
AGED 46 YEARS, W/O.MUHAMMAD KUTTY,
KURIKULAKATHU (H), PONNANI SOUTH P.O,
MALAPPURAM DISTRICT.

4 NEMEERA
AGED 32 YEARS, W/O.SHAHUL HAMEED,
KURIKULAKATHU (H), PONNANI SOUTH P.O,
MALAPPURAM DISTRICT.

BY ADVS.SRI.K.B.ARUNKUMAR
SRI. REKHA.S

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

1. STATE OF KERALA
REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE,
PONNANI POLICE STATION, MALAPPURAM DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN – 682 031.

2. SAMEERA T.K.
AGED 25 YEARS, D/O.SAMAD, THARIKANAKATHU (H),
PONNANI SOUTH P.O., JILANI NAGAE WEST,
PONNANI, MALAPPURAM DISTRICT.

R2 BY ADV. SRI.PRATHEESH.P
R1 BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 816 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE 1 THE ACCUSED COPY OF THE FIR AND FINAL REPORT IN
C.C.NO.401/2017 ON THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, PONNANI.

ANNEXURE 2 AGREEMENT DATED 13.12.2017 EXECUTED BETWEEN
THE 2ND RESPONDENT AND THE 1ST PETITIONER.

ANNEXURE 3 THE AFFIDAVIT DATED 31.01.2018 EXECUTED BY THE
2ND RESPONDENT.

RERSPONDENT(S) EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.
——————
Crl.M.C.No.816 of 2018
——————
Dated this the 27th day of February, 2018

ORDER

The petitioners herein are arrayed as an accused in

Crime No.180/2017 of Ponnani Police Station for offences

punishable under sections 406 and 498A read with

section 34 of the Indian Penal Code, now pending as

CC.No.401/2017 of the Judicial First Class Magistrate

Court, Ponnani.

2. It is alleged by the prosecution that after the

marriage of the first accused with the defacto

complainant on 4.5.2013, the defacto complainant was

subjected to matrimonial cruelty by the accused, who are

the husband and the in-laws. It is alleged that they

demanded more dowry in terms of money and cash.

Pursuant to the crime registered, investigation was

conducted and after investigation, final report was filed.

Pending the proceedings, the parties are stated to have

settled their dispute. It is stated that by Annexurer-A2
Crl.M.C.No.816 of 2018 2

agreement, they resolved the entire matrimonial dispute.

It was also stated that there is nothing about the criminal

case. It is reported by the learned counsel for the

petitioners that the amounts payable to the wife has been

paid. In the light of the settlement between the parties

evidenced by Annexure-A3 affidavit, and affirmed by the

second respondent herein, I am inclined to hold that no

purpose will be served by prosecuting the petitioners

herein. The learned Public Prosecutor also submitted that

the parties have resolved their dispute and statements

were given to the police.

Accordingly, the Crl.M.C is allowed and all further

proceedings in CC.No.401/2017 of the Judicial First Class

Magistrate Court, Ponnani, arising from Crime No.

180/2017 of Ponnani Police Station will stand quashed.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

//True Copy// PA to Judge

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