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Crime No. 85/2017 Of Nilambur … vs By Adv.Sri.P.Samsudin on 21 May, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940

Crl.MC.No. 3688 of 2018

PENDING AS CC 341/2017 of JUDICIAL FIRST CLASS MAGISTRATE
COURT, NILAMBUR

CRIME NO. 85/2017 OF NILAMBUR POLICE STATION , MALAPPURAM

PETITIONER(S)/ACCUSED

1 MUHAMMED ASHRAF,
S/O. AHAMMEDUNNI, AGED 59 YEARS,
ERANJIKKAL HOUSE, CHARAMKULAM, CHANDAKKUNNU P.O,
MALAPPURAM DISTRICT.

2 MEHARABI,
W/O. MUHAMMEDALI, AGED 53 YEARS,
KUNNATHODIKA HOUSE, MAYYANTHANI, CHANDAKKUNNU,
MALAPPURAM DISTRICT.

BY ADV.SRI.P.SAMSUDIN

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
(CRIME NO. 85/2017 OF NILAMBUR POLICE STATION)

2. SAMEERA,
AGED 53 YEARS, W/O. MUHAMMED ASHRAF, ERNAJIKKAL HOUSE,
CHARAMKULAM, CHANDAKKUNNU P.O- 679 329,
MALAPPURAM DISTRICT.

R2 BY ADV. SRI.JITHIN LUKOSE
R1 BY PUBLIC PROSECUTOR SMT.V.SREEJA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3688 of 2018 ()

APPENDIX

PETITIONER(S)’ EXHIBITS

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 85/2017 OF
NILAMBUR POLICE STATION

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 85/2017
OF NILAMBUR POLICE STATION

ANNEXURE A3 THE AFFIDAVIT DATED 21-05-2018 SWORN IN BY THE
2ND RESPONDENT.

RESPONDENT(S)’ EXHIBITS NIL

R.AV //TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J
————————-
Crl.M.C.No.3688 of 2018
———————————-
Dated this the 26th day of June, 2018

ORDER

The petitioners are accused in CC.No.341/2017

on the files of the Judicial First Class Magistrate Court,

Nilambur, arising from Crime No.85/2017 of the

Nilambur police station for offences punishable under

section 498A, 406 and 324 read with section 34 of the

Indian Penal Code.

2. The second respondent wife is the defacto

complainant. The allegation of the defacto

complainant was that after her marriage with the first

petitioner in the year 1980, she was subjected to

matrimonial cruelty by the petitioners herein, who are

the husband and his sister. Pending the proceedings,

the investigation was conducted and final report was

laid. In the course of the proceedings, the parties are

stated to have resolved their dispute. Evidencing the

settlement, an affidavit has been affirmed by the

second respondent produced as Annexure-A3. The
Crl.M.C.No.3688 of 2018
2

learned counsel for the second respondent submitted

that by virtue of Annexure-3, all criminal proceedings

can be quashed. The learned Public Prosecutor also

submitted that the settlement has been reported to

the investigating agency. It was reported that both

parties have resumed their matrimonial relationship

and are living together happily. Having considered the

sequence of events and also the resolution that has

been arrived at between the parties, I am inclined to

invoke the jurisdiction under section 482 Cr.P.C and to

quash the entire criminal proceedings.

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

proceedings in CC.No.3451/2017 on the files of the

Judicial First Class Magistrate Court, Nilambur, arising

from Crime No.85/2017 of Nilambur Police Station as

against the petitioners herein stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV

//True Copy//
PA to Judge

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