SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jaffer Ali vs State Of Kerala on 27 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941

Crl.MC.No.1664 OF 2020(G)

CC 980/2016 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II, PERINTHALMANNA

CRIME NO.381/2016 OF Melattur Police Station, Malappuram

PETITIONER/ACCUSED :

JAFFER ALI,
AGED 42 YEARS, S/O.KOYAMMU,
ANNAYAKOTTIL HOUSE, EDAPATTA,
ANJILANGADI.P.O, MALAPPURAM DISTRICT.

BY ADV. SRI.P.SAMSUDIN

RESPONDENTS/STATE AND DE-FACTO COMPLAINANT :

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031

2 SAJITHA,
AGED 37 YEARS,
D/O.MOYEENKUTTY, ITTILAN HOUSE,
TACHAMPARAMBA, URANGATARA,
MYTHRA.P.O, 673639, AREECODE,
MALAPPURAM DISTRICT.

R2 BY ADVS.SRI.BINU V V VEETTIL VALAPPIL
R1 BY SRI.SANTHOSH PETER, SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1664 OF 2020(G)
2

ORDER

This is a proceedings under Section 482 of the Code of

Criminal Procedure for quashing Annexure-A2 Final Report pending

trial before the Judicial First Class Magistrate Court-II,

Perinthalmanna in C.C.No.980 of 2016.

2. The petitioner is the accused in the said case.

The case was one registered under Section 498A of the Indian

Penal Code.

3. It is seen that the petitioner 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 petitioner, 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 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
Crl.MC.No.1664 OF 2020(G)
3

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-A2

Final Report pending trial before the Judicial First Class Magistrate

Court-II, Perinthalmanna in C.C.No.980 of 2016 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
rkj JUDGE
Crl.MC.No.1664 OF 2020(G)
4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME

NO.381/2016 OF MELATTOOR POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.381/2016 OF MELATTOOR POLICE
STATION

ANNEXURE A3 THE ORIGINAL AFFIDAVIT DATED 18.02.2020
SWORN IN BY THE 2ND RESPONDENT

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation