IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 9TH DAY OF AUGUST 2018 / 18TH SRAVANA, 1940
Crl.MC.No. 4951 of 2018
PENDING AS CC 612/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT,
PATTAMBI
CRIME NO. 273/2017 OF THRITHALA POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED NO.1 AND 2
1 KUNJAHAMMED,
AGED 35 YEARS, S/O.MOIDEEN, VAKULANGARA HOUSE,
KALLADATHOOR P.O., KAPPOOR, PATTAMBI TALUK,
PALAKKAD DISTRICT -679552.
2 LATHEEF,
AGED 42 YEARS, S/O.MOIDEEN, VAKULANGARA HOUSE,
KALLADATHOOR P.O., KAPPOOR, PATTAMBI TALUK,
PALAKKAD DISTRICT-679552.
BY ADV.SRI.A.HAROON RASHEED
RESPONDENT(S)/COMPLAINANT :
1. STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
THRITHALA POLICE STATION, PALAKKAD DISTRICT
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. NAJMUNEESA,
AGED 22 YEARS, D/O.SULAIMAN, KORATH HOUSE,
VELLALUR, P.O.ANAKKARA, PATTAMBI TALUK,
PALAKKAD DT.-679551.
R2 BY ADV. SRI.C.R.REKHESH SHARMA
R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09-08-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4951 of 2018 ()
APPENDIX
PETITIONER(S)’ EXHIBITS
ANNEXURE- A1 THE TRUE COPY OF THE F.I.R. IN CRIME NO.273/2017 OF
THRITHALA POLICE STATION
ANNEXURE-A2 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET
IN CRIME NO.273/2017 OF THRITHALA POLICE STATION.
ANNEXURE-A3 THE TRUE COPY OF THE AFFIDAVIT REGARDING
SETTLEMENT SIGNED BY THE 2ND RESPONDENT.
ANNEXURE-A4 TRUE COPY OF STATEMENT FIELD BY THE 2ND
RESPONDENT DATED 29/6/2018 BEFORE THE JFCM
COURT, PATTIMBI IN M.C.88/2017.
RESPONDENT(S) EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.4951 of 2018
——————————
Dated this the 9th day of August, 2018
ORDER
The second respondent laid a complaint before the
Judicial First Class Magistrate Court, Pattambi, alleging
that the petitioners herein had subjected her to
matrimonial cruelty. Pursuant to it, crime was registered
as Crime No.273/2017 of Thrithala police station for
offence punishable under section 498A and 34 of the
Indian Penal Code. After investigation, final report was
laid as CC.No.612/2017 on the files of the Judicial First
Class magistrate Court, Pattambi.
2. Pending the proceedings, parties are stated to
have settled their dispute. Claiming that the dispute
arose out of some misunderstanding and that the
husband and the defacto complainant are now living
separately, the Crl.M.C is laid with an affidavit affirmed
by the defacto complainant, produced as Annexure-A3.
The learned counsel for the second respondent
endorsed the above affidavit and submitted that the
Crl.M.C.No.4951 of 2018
2
parties have no grievance against each other. The
settlement seems to be reported to the investigating
agency and the statement of the defacto complainant
has been recorded. Having considered the nature of
allegations, which essentially discloses only a
matrimonial dispute, and the fact that the parties have
resolved their dispute, I feel that it is a fit case in which
premature termination can be granted to the criminal
proceedings.
Accordingly, Crl.M.C is allowed. All further
proceedings in CC.No.612/2017 of Judicial First Class
Magistrate Court, Pattambi, arising from Crime
No.273/2017 of Thrithala Police Station as against the
petitioners herein stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
