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Crime No. 273/2017 Of Thrithala … vs By Adv.Sri.A.Haroon Rasheed on 29 June, 2018

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.
———————————-
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

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