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Husni Mubarak vs State Of Kerala on 24 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941

Crl.MC.No.998 OF 2020(D)

CC 84/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, PONNANI

CRIME NO.237/2018 OF Perumpadappu/Andathodu Police Station ,
Malappuram

PETITIONERS/ACCUSED :

1 HUSNI MUBARAK,
AGED 34 YEARS,
S/O. MOIDEENKUNHU,
PUTHIYAVEETTIL KAYANAYIL HOUSE,
ARAKKALAMKUNNU, ERAMANGALAM P O,
PONNANI TALUK, MALAPPURAM DISTRICT.

2 JAMEELA,
AGED 50 YEARS,
W/O. MOIDEENKUNHU,
PUTHIYAVEETTIL KAYANAYIL HOUSE,
ARAKKALAMKUNNU, ERAMANGALAM P O,
PONNANI TALUK, MALAPPURAM DISTRICT.

3 MOIDEENKUNHU,
AGED 57 YEARS,
PUTHIYAVEETTIL KAYANAYIL HOUSE,
ARAKKALAMKUNNU, ERAMANGALAM P O,
PONNANI TALUK, MALAPPURAM DISTRICT.

4 MEHARBAN SULTHANA,
AGED 37 YEARS,
W/O. THAJUDHEEN, PUTHIYAVEETTIL KAYANAYIL HOUSE,
ARAKKALAMKUNNU, ERAMANGALAM P O,
PONNANI TALUK, MALAPPURAM DISTRICT.

5 NAJMATH,
AGED 27 YEARS,
D/O. MOIDEENKUNHU, PUTHIYAVEETTIL KAYANAYIL HOUSE,
ARAKKALAMKUNNU, ERAMANGALAM P O, PONNANI TALUK,
MALAPPURAM DISTRICT,

BY ADV. SRI.C.M.MOHAMMED IQUABAL
Crl.MC.No.998 OF 2020(D)
2

RESPONDENTS/STATE DEFACTO COMPLAINANT :

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-31.

2 DEVI, D/O. BHASKARAN,
AGED 29 YEARS, KADAVUNGAL HOUSE,
PANAMBAD VALAVU, MARANCHERRY, PERUMBADAPPU P O,
PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679580.

R2 BY ADV. N.S.SOUMYA MOL
R1 BY SRI.SANTHOSH PETER, SR.PP

OTHER PRESENT:

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.998 OF 2020(D)
3

ORDER

This is a proceedings under Section 482 of the Code of

Criminal Procedure for quashing Annexure-A3 Final Report pending

trial before the Judicial First Class Magistrate Court-I, Ponnani in

C.C.No.84 of 2019.

2. The petitioners are the accused in the said case.

The case was one registered under Section 498A read with Section

34 of the Indian Penal Code.

3. It is seen that the petitioners and the de facto

complainant of the crime have amicably settled the disputes. An

affidavit sworn to by the de facto complainant is part of the

records.

4. Heard the learned counsel for the petitioners, the

learned Public Prosecutor as also the learned counsel for the

de facto complainant.

5. It is seen that the dispute arose on account of 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.
Crl.MC.No.998 OF 2020(D)
4

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-A3

Final Report pending trial before the Judicial First Class Magistrate

Court-I, Ponnani in C.C.No.84 of 2019 and all further proceedings

thereto are quashed.

Sd/-

P.B.SURESH KUMAR
rkj JUDGE
Crl.MC.No.998 OF 2020(D)
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME

NO.237/2018 OF PERUMBADAPPU/ANDATHODU
POLICE STATION DATED 4.12.2018.

ANNEXURE A2 THE TRUE COPY OF THE STATEMENT OF THE
2ND RESPONDENT IN CRIME NO.237/2018 OF
PERUMBADAPPU/ANDATHODU POLICE STATION
DATED 4.12.2018.

ANNEXURE A3 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 237/2018 OF
PERUMBADAPPU/ANDATHODU POLICE STATION
DATED 30.01.2019

ANNEXURE A4 THE TRUE COPY OF THE STATEMENT OF THE
2ND RESPONDENT IN CRIME NO. 237/2018 OF
PERUMBADAPPU/ANDATHODU POLICE STATION
DATED 5.12.2018.

ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT OF THE
2ND RESPONDENT DATED 29.1.2020.

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