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
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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
