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Crime No. 2351/2016 Of Parassala … vs By Adv.Sri.S.Justus on 22 June, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940

Crl.MC.No. 4246 of 2018

CRIME NO. 2351/2016 OF PARASSALA POLICE STATION , THIRUVANANDAPURAM

PETITIONER(S)/ACCUSED:

MUHAMMED RAFI K.S.,
S/O. P.M.A. KHADER, AGED 33 YEARS, RESIDING AT MALIK MANZIL,
HOSPITAL JUNCTION. PARASSALA, PARASSALA P.O.,
THIRUVANANTHAPURAM DIST., PIN – 695 502.

BY ADV.SRI.S.JUSTUS

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.

2. SUKANYA @ MANJU,
D/O. AJITHAKUMARI, AGED 31 YEARS, RESIDING AT
VALAVUPURAYIDOM, KANNIYOTTUKONAM, THRIKANNAPURAM,
KEEZHKOLLA DESOM, CHENKAL VILLAGE, NEYYATTINKARA
TALUK, THIRUVANANTHAPURAM DISTRICT, PIN – 695 132.

R2 BY ADV. SRI.JOSE ANTONY
R BY PUBLIC PROSECUTOR:SMT SREEJA V

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4246 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS:

ANNEXURE A1 F.I.R IN CRIME NO.2351/2016 OF PARASSALA POLICE STATION.

ANNEXURE A2 AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 22.06.2018

RESPONDENTS EXHIBITS:NIL

True Copy / P A to Judge

SUNIL THOMAS, J.

Crl.M.C.No.4246 of 2018

Dated this the 16th day of July, 2018

ORDER

Petitioner herein is the sole accused in Crime No.2351 of

2016 of Parassala Police Station for offences punishable under

sections 498A, 312, 323 and 294(b) of the Indian Penal Code.

2. It was alleged by the second respondent that, she was

subjected to matrimonial cruelty by the petitioner herein.

Investigation is progressing.

3. Contending that the allegations were raised by the

defacto complainant on the basis of a misunderstanding, an

objection has been filed to quash the proceedings. An affidavit in

support of the settlement is produced as Annexure-A2. Learned

counsel for the petitioner and learned counsel for the second

respondent asserted the settlement on the strength of the above

affidavit. Learned Public Prosecutor submitted that, instruction has

been received recording the settlement.

4. Having considered these facts, I am inclined to invoke

the jurisdiction under section 482 Cr.P.C. to give a quietus to the

matrimonial dispute. It is also reported that the petitioner and

second respondent have legally got separated.
Crl.M.C.4246/18
2

In the result, Crl.M.C is allowed. All further proceedings

arising from Crime No.2351 of 2016 of Parassala Police Station will

stand quashed.

Sd/-

SUNIL THOMAS
Judge

Sbna/16/7/18
True Copy / P A to Judge

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