IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939
Crl.MC.No. 2405 of 2017 ()
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IN CC 47/2017 of J.M.F.C.-V,KOZHIKODE
CRIME NO. 100/2000 OF BEYPORE POLICE STATION , KOZHIKODE
PETITIONER/ACCUSED:
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K.H. MUHAMMED,
AGED 47 YEARS, S/O.HAMZA, KALLIVALLAPPIL VEEDU,
PALAPETTY P.O., VELLIYAMKODE, MALAPPURAM DISTRICT.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENTS/COMPLAINANT STATE:
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1. RABIYA
AGED 43 YEARS, D/O.NOORUDHIN, ARAYAN VEEDU, BEYPORE P.O.,
KOZHIKODE DISTRICT, PIN-673015.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.P.V.ANOOP
BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2405 of 2017 ()
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APPENDIX
PETITIONER(S)’ EXHIBITS
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ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.100/2000 OF BEYPORE
POLICE.
ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME NO.100/2000 WHICH
IS NOW PENDING AGAINST THE PETITIONER AS C.C.NO. 47/2017
ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-V, KOZHIKODE.
ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY THE FIRST RESPONDENT
DATED 24-03-2017.
RESPONDENT(S)’ EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
DST
B. SUDHEENDRA KUMAR, J.
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Crl.M.C. No.2405 of 2017
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Dated this the 4th day of April, 2017
O R D E R
The petitioner is the accused in C.C.No.47/2017 on the
files of the court below. The first respondent is the defacto
complainant. The offence alleged against the petitioner as
per Annexure-B final report is the offence under Section
498A IPC.
2. Heard.
3. The learned counsel for the parties and the
learned Public Prosecutor have submitted that the matter
has been settled between the parties. The first respondent
has filed Annexure-C affidavit stating that the matter has
been settled between the parties and hence she has no
further grievance against the petitioner.
4. The above dispute arose out of family relationship.
Therefore, since the matter has been settled between the
Crl.M.C. No.2405 of 2017
-: 2 :-
parties, I am inclined to quash Annexure-B final report and
further proceedings against the petitioner in C.C.No.47/2017
on the files of the court below, in exercise of the inherent
power under Section 482 Cr.P.C., to meet the ends of
justice. Accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B. SUDHEENDRA KUMAR,
JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//