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Crime No. 364/2016 Of Vatakara … vs By Adv.Sri.Zubair Pulikkool on 3 May, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY, THE 24TH DAY OF MAY 2018 / 3RD JYAISHTA, 1940

Crl.MC.No. 2946 of 2018

CRIME NO. 364/2016 OF VATAKARA POLICE STATION , KOZHIKODE

PETITIONER(S)/ACCUSED

RASHED, S/O. HASSAN, AGED 35 YEARS
THAZHE CHALIL HOUSE, VILLIAPPALLY PO.,
VATAKARA TALUK – 673 101.

BY ADV.SRI.ZUBAIR PULIKKOOL

RESPONDENT(S)/COMPLAINANT:

1. FOUSIA, AGED 28 YEARS, D/O. USMAN
MAYYITHAZHA MEETHAL HOUSE,
PAYYANNUR PO., VATAKARA TALUK-673 101.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
PIN – 682031.

R1 BY ADV. SRI.P.S.BINU
R2 BY SRI. C.K.PRASAD, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2946 of 2018

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE-1 TRUE COPY OF FINAL REPORT IN CRIME NO.364/2016
OF VATAKARA POLICE STATION.

ANNEXURE-2 TRUE COPY OF AFFIDAVIT OF 1ST RESPONDENT DATED
3.5.2018.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J
————————-
Crl.M.C.No.2946 of 2018
———————————-
Dated this the 24th day of May, 2018

ORDER

The petitioner herein is the sole accused in Crime

No.364/2016 of Vatakara Police Station for offences

punishable under sections 406, 308 and 498A of the

Indian Penal Code.

2. It is alleged by the prosecution that the

petitioner herein had subjected the first respondent

herein to matrimonial cruelty, while they were living

together as husband and wife. Accordingly crime was

registered and the matter is now pending as

SC.No.878/2017 on the file of Sessions Judge of

Vatakara.

3. Parties now contend that they have resolved

their matrimonial disputes and are now living together.

To support the settlement, parties relied on Annexure-

2 affidavit affirmed by the first respondent herein.

The learned counsel for the petitioner and the learned

counsel for the first respondent admitted the
Crl.M.C.No.2946 of 2018
2

settlement and requested for quashing the

proceedings. The learned Public Prosecutor also

endorsed that the parties have resolved their dispute

and the petitioner is not involved in any other crime.

Having considered these facts, I am inclined to invoke

the jurisdiction under section 482 Cr.P.C to quash the

criminal proceedings.

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

proceedings in SC.No.578/2017 on the files of the

Sessions Judge of Vatakara, arising from Crime

No.364/2016 of Vatakara Police Station, as against

the petitioner herein will stands quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//

PA to Judge

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