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Crime No. 8/2017 Of Malappuram … vs By Advs.Sri.P.Samsudin on 26 May, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 27TH DAY OF JUNE 2018 / 6TH ASHADHA, 1940

Crl.MC.No. 3363 of 2018

PENDING AS CC 66/2017 of CHIEF JUDICIAL MAGISTRATE, ,MANJERI

CRIME NO. 8/2017 OF MALAPPURAM POLICE STATION ,
MALAPPURAM

PETITIONER(S)/ACCUSED

1 ABDULLA KURIKKAL
AGED 26 YEARS, S/O. ABDURAHMAN, THUPPANATH PUNNAKODE
HOUSE,
PULLARA, MELMURI, MANJERI, MALAPPURAM DISTRICT.

2 AYISHA,
AGED 51 YEARS, W/O. ABDURAHMAN, THUPPANATH PUNNAKODE
HOUSE,
PULLARA, MELMURI, MANJERI, MALAPPURAM DISTRICT.

3 NADEERA,
AGED 24 YEARS, D/O. ABDURAHMAN, THUPPANATH PUNNAKODE
HOUSE,
PULLARA, MELMURI, MANJERI, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.SAMSUDIN
SRI.JITHIN LUKOSE

RESPONDENT(S)/STATE AND DE-FACTO COMPLAINANT:

1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM- 682 031. (CRIME NO.8/2017 OF MANJERI POLICE
STATION IN MALAPPURAM DISTRICT).

2. RASHIDA,
AGED 24 YEARS, D/O. ABDULLA, VELLAMKUTH HOUSE,
THOTTEKKAD, PULPETTA P.O, -676 123, ERNAD TALUK,
MALAPPURAM.

BY PUBLIC PROSECUTORSRI.T.R.RENJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3363 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.8/2017 OF
MANJERI POLICE.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.8/2017 OF MANJERI POLICE STATION.

ANNEXURE A3 THE ORIGINAL AFFIDAVIT FILED BY THE 2ND
RESPONDENT (DE-FACTO COMPLAINANT) DATED
26-05-2018).

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J
————————-
Crl.M.C.No.3363 of 2018
———————————-
Dated this the 27th day of June, 2018

ORDER

The petitioners are the accused in

CC.No.66/2017 of Chief Judicial Magistrate Court,

Manjeri, arising from Crime No.8/2017 of Manjeri

Police Station for offences punishable under sections

498A, 406 read with section 34 of the Indian Penal

Code.

2. The first accused had married the defacto

complainant, who is the second respondent on

1.11.2011. The second accused is his mother and the

third accused is the sister of the first accused. The

defacto complainant alleged that, during the

matrimonial relationship, she was subjected to

matrimonial cruelty by the accused and they

misappropriated the gold ornaments and money,

which were gifted to her at the time of her marriage.

Pursuant to the FIS given, crime was registered as

Crime No.8/2017 of Manjeri Police Station. Annexure-
Crl.M.C.No.3363 of 2018
2

A1 is the FIR. After investigation, Annexure-A2 final

report was laid. According to the petitioners, they

have now settled all the disputes by mediation. It

was stated that the marital tie was completely

broken, the first petitioner pronounced Talaq. It was

accepted by the defacto complainant. All the

subsisting claim have also been settled. To

substantiate the settlement, an affidavit has been

affirmed by the second respondent and is produced as

Annexure-A3. The learned counsel for the petitioners

and the learned counsel for the second respondent

jointly submitted that in the light of the settlement all

further proceedings may be quashed. The learned

Public Prosecutor on instructions submitted that one

Shaji, who is authorised by the defacto complainant

to give instructions has conveyed to the police that

the matter has been settled. The learned counsel for

the second respondent acknowledged the above

settlement and also that Mr.Shaji has given statement

regarding the settlement. Having considered the
Crl.M.C.No.3363 of 2018
3

nature of allegations and the settlement arrived at

between the parties, I am inclined to invoke the

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

entire criminal proceedings.

Hence, Crl.M.C is allowed. All further

proceedings in CC.No.662017 on the files of the

Judicial First Class Magistrate Court, Manjeri, arising

from Crime No.8/2017 of Manjeri Police Station as

against the petitioners herein stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//

PA to Judge

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