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Firos vs State Of Kerala on 22 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

MONDAY ,THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940

Crl.MC.No. 6767 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 872/2016 of J.M.F.C., OTTAPALAM

CRIME NO. 446/2012 OF CHALISSERY POLICE STATION, PALAKKAD

PETITIONER/ACCUSED:

FIROS,
AGED 39 YEARS
S/O ABU, ERKKARA HOUSE, NELLIKKATTIRI (POST),
KOOTTUPATHA, PALAKKAD DISTRICT, PIN – 679 533.

BY ADV. SRI.P.K.MOHANAN(PALAKKAD)

RESPONDENT/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

2 JASEELA
AGED 36, D/O. SULAIMAN, KARUTHANATH HOUSE,
VALLAPUZHA AMSOM AND DESOM, VALLAPPUZHA (POST),
PALAKKD DISTRICT, PIN-679 308

BY ADV. SRI.ASHWIN SATHYANATH

OTHER PRESENT:
T.R RENJITH PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6767 of 2018

2

O R D E R

Petitioner stands arrayed as the sole accused in

C.C.No.872/2016 of Judicial First Class Magistrate

Court, Ottapalam arising from Crime No.446/2012 of

Chalissery Police Station for offences punishable

under Sections 341, 323 and 498A IPC. The petitioner

had married the 2nd respondent about 8 years back.

While they were living together, matrimonial

relationship got strained. Alleging that she was

subjected to matrimonial cruelty and extreme physical

cruelty, complaint was laid. It was alleged in the

complaint that on 13.07.2012 at about 9.00 p.m., the

petitioner caught hold of the de facto complainant by

hair and assaulted her. She laid a complaint which

led to the registration of crime and after

investigation final report was filed.

2. Pending the proceedings, Crl.M.C. is filed

stating that the dispute has been resolved betweenthe

parties. Learned counsel for the petitioner and the
Crl.MC.No. 6767 of 2018

3

learned counsel for the 2nd respondent relied on the

affidavit of the 2nd respondent produced as Annexure

4.

3. The learned Public Prosecutor on instrutions

submitted that the parties have settled their dispute

and instructions have been conveyed to the

investigating agency.

4. Having considered the nature of allegations

which indicates only a family dispute, I am inclined

to invoke the jurisdiction under Section 482 Cr.P.C.

and to quash the entire criminal proceedings.

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

proceedings in C.C.No.872/2016 of Judicial First

Class Magistrate Court, Ottapalam stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
Crl.MC.No. 6767 of 2018

4

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE-1 TRUE COPY OF THE FIR INCLUDING FIS IN
CHALISSERY POLICE STATION CRIME
NO.446/2012

ANNEXURE-2 TRUE COPY OF THE FINAL REPORT FILED BY
THE CHALISSERY POLICE IN CRIME
NO.446/2012 BEFORE J.F.C.M., PATTAMBI
DATED 30.07.2012

ANNEXURE-3 TRUE COPY OF THE JOINT PETITION FILED BY
THE PETITIONER AND 2ND RESPONDENT IN
CRL.A.136/2016 ON THE FILES OF PRINCIPAL
SESSIONS COURT, PALAKKAD DATED 14.09.2018

ANNEXURE-4 AFFIDAVIT OF THE 2ND RESPONDENT DATED
30.09.2018

Pn 23/10

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