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Judgments of Supreme Court of India and High Courts

Harsheena vs Hasheer on 18 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941

Crl.MC.No.1383 OF 2020(C)

105/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYOLI

CRIME NO.22/2019 OF Meppayur Police Station, Kozhikode

PETITIONER/DE FACTO COMPLAINANT:

HARSHEENA,
AGED 23 YEARS, D/O.SOOPY, ENTHIYAT HOUSE,
KIZHAPAYUR, MEPPAYUR VILLAGE, CHEURVANNOOR POST,
KOYILANDY TALUK, KOZHIKODE DISTRICT-673 524,
(MEPPAYUR POLICE STATION, KOZHIKODE RURAL).

BY ADVS.
SRI.K.JAYESH MOHANKUMAR
SRI.KODOTH PUSHPARAJAN
SMT.VANDANA MENON
SRI.VIMAL VIJAY

RESPONDENTS/1ST AND 2ND ACCUSED STATE:

1 HASHEER,
AGED 31 YEARS, S/O.KUNJ ABDULLAH, KUDAKUTTIYIL
HOUSE, MEPPAYUR VILLAGE, CHERUVANNOOR POST,
KOZHIKODE DISTRICT-673 524.

2 NAFEESA,
W/O.KUNJ ABDULLAH, KUDAKUTTIYIL HOUSE,
MEPPAYUR VILLAGE, CHERUVANNOOR POST,
KOZHIKODE DISTRICT-673 524.

3 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
(CRIME NO.22/2019 ON THE FILE OF MEPPAYUR POLICE
STATION, KOZHIKODE RURAL), PIN-682 031.

SRI.AMJAD ALI SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1383 of 2020 2

Crl.M.C. No.1383 of 2020
———————————————–
ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – B First

Information Report and all further proceedings pursuant thereto

in Crime No.22 of 2019 of Meppayur Police Station.

2. The petitioner is the de facto complainant in the

said case. The case was one registered under Sections 498A,

406 read with Section 34 of the Indian Penal Code.

3. It is seen that the petitioner and respondents Nos.

1 and 2 have amicably settled the disputes.

4. Heard the learned counsel for the petitioner,

the learned Public Prosecutor as also the learned counsel for

respondents 1 and 2.

5. It is seen that the dispute arose on account of
Crl.MC.No.1383 of 2020 3

the matrimonial discord between the de facto complainant and

her husband, the first accused. Though the matter is settled

between the parties, I have examined the accusation in the

case and found that this is a matter that could be settled and

closed in the light of the decisions of the Apex Court in Jitendra

Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and

Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking

the jurisdiction under Section 482 of the Code of Criminal

Procedure.

In the result, the Crl.M.C. is allowed and Annexure – B

First Information Report and all further proceedings pursuant

thereto in Crime No.22 of 2019 of Meppayur Police Station are

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB
Crl.MC.No.1383 of 2020 4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE COMPLAINT DATED
06.02.2019 FILED BY THE PETITIONER
BEFORE THE JUDICIAL MAGISTRATE OF
FIRST CLASS, PAYYOLI.

ANNEXURE B CERTIFIED COPY OF THE FIR DATED
06.02.2019 IN CRIME NO.22/2019 OF
MAPPAYUR POLICE STATION.

ANNEXURE C AFFIDAVIT OF PETITIONER (COMPOUND).

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

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