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Judgments of Supreme Court of India and High Courts

Crime No. 2032/2017 Of Panangad … vs By Advs.Sri.T.B.Gafoor on 12 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA,
1939

Crl.MC.No. 888 of 2018

CRIME NO. 2032/2017 OF PANANGAD POLICE STATION ,
ERNAKULAM

PETITIONER(S)/PETITIONERS

1 NIYAS
AGED 25 YEARS, S/O.ABDUL KAREEM,
PERINGHATTU PARAMBIL HOUSE,
NETTOOR, MARADU, PANANGHAD,
ERNAKULAM-682506.

2 NABEESA
AGED 53 YEARS,
W/O.ABDUL KAREEM,
PERINGHATTU PARAMBIL HOUSE,
NETTOOR, MARADU, PANANGHAD,
ERNAKULAM-682506.

3 JAREENA
AGED 26 YEARS, W/O.RIYAS,
PERINGHATTU PARAMBIL HOUSE,
NETTOOR, MARADU, PANANGHAD,
ERNAKULAM-682506.

BY ADVS.SRI.T.B.GAFOOR
SRI.K.MOHAN

RESPONDENT(S)/RESPONDENTS:

1. THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031,
THROUGH SUB INSPECTOR OF POLICE,
PANANGAD POLICE STATION,ERNAKULAM-682506.

2. ANSILA
AGED 21 YEARS, D/O.MUHAMMED ASAD,
PULINGANALIL HOUSE, AYAVANA DESOM,
MUVATTUPUZHA, ERNAKULAM-686661.

R2 BY ADV. SRI.M.I.ANWAR SADATH
R1 BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 888 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.2032/17
PANANGAD POLICE STATION, DATED 12/12/2018

ANNEXURE A2 CERTIFIED COPY OF THE FIS IN CRIME NO 2032/17 OF
PANANGAD POLICE STATION, DATED 12/12/2018

ANNEXURE A3 THE TRUE COPY OF AFFIDAVIT FILED BY THE DEFACTO
COMPLAINANT DATED 5/2/2018.

RESPONDENT(S) EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.
————————–
Crl.M.C.No.888 of 2018
—————————
Dated this the 28th day of February, 2018

ORDER

The petitioners are the accused in Crime

No.2032/2017 of Panangad Police Station for offences

punishable under sections 498A, 323, 506(ii) and 34 of

the Indian Penal Code.

2. The first petitioner had married the second

respondent on 10.7.2016. Thereafter, the parties resided

in the matrimonial house. While so, it was alleged that

the husband and his relatives subjected the defacto

complainant to extreme matrimonial cruelty by physical

and mental torture. It is further alleged that on

2.12.2017, the first petitioner herein slapped the defacto

complainant and assaulted her. She laid a complaint

pursuant to which crime was registered and the

investigation has progressed.

3. The petitioners have now approached this court

contending that it was a purely matrimonial dispute, that

the parties have no further grievance against each other
Crl.M.C.No.888 of 2018
2

and that they have resolved all their disputes. Asserting

that the defacto complainant does not propose to pursue

the criminal proceedings, an affidavit has also been

produced by the petitioner herein. The learned counsel

for the petitioner and the learned counsel for the second

respondent relied on Annexure-A3 and submitted that it

was duly executed by the defacto complainant. The

learned counsel for the defacto complainant affirmed that

the defacto complainant has no intention to pursue the

matter further. The learned Public Prosecutor also

endorsed the settlement and submitted that the parties

have no further grievance.

4. After having heard both sides and after perusing

the affidavits, I am satisfied that the dispute is a purely

personal one arising from the matrimonial dispute.

Having considered this, I am inclined to invoke the

jurisdiction under section 482 Cr.P.C and to give

premature termination of the entire proceedings, to meet

the ends of justice.

Crl.M.C.No.888 of 2018
3

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

proceedings in crime No.2032/2017 of Panangad Police

Station as against the petitioners herein will stand

quashed.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

//True Copy// PA to Judge

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