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Junais Muhammed 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. 6362 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 865/2017 of J.M.F.C., AMBALAPUZHA

CRIME NO. 336/2017 OF PUNNAPRA POLICE STATION, ALAPPUZHA

PETITIONER/ACCUSED:

1 JUNAIS MUHAMMED, AGED 34 YEARS
S/O SHARAF, PUTHENPRAMBIL, LAJNATH WARD, ZAKARIYA
BAZAR, ALAPPUZHA, KERALA.

2 JIHAS, AGED 28 YEARS
S/O SHARAF, PUTHENPRAMBIL, LAJNATH WARD, ZAKARIYA
BAZAR, ALAPPUZHA, KERALA.

3 SABIDHA, AGED 61 YEARS
W/O SHARAF, PUTHENPRAMBIL, LAJNATH WARD, ZAKARIYA
BAZAR, ALAPPUZHA, KERALA.

BY ADVS.
SRI.ABDUL JALEEL.A
SMT.M.A.SULFIA

RESPONDENT/COMPLAINANT:

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

2 SUB INSPECTOR OF POLICE
PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT.

3 SHERIN, AGED 25 YEARS
D/O LATHEEFA, EDAYADITHARA (H), PUNNAPRA P.O.,
ALAPPUZHA DISTRICT, KERALA.

BY ADVS.
SRI.E.RAFEEK
SMT.P.Y.SHEHEERA
OTHER PRESENT:
SREEJA V 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. 6362 of 2018

2

O R D E R

The 3rd respondent was married to the 1st

petitioner. Petitioners 2 and 3 are the in laws.

Matrimonial relationship got strained leading to

registration of crime as Crime No.336/2017 of

Punnapra Police Station for offences punishable under

Sections 498A, 596, 323, 354 and 34 of IPC. After

investigation final report was laid and the matter is

now pending as C.C. No.865/2017 of Judicial First

Class Magistrate Court, Ambalappuzha.

2. Crl.M.C. is filed by the petitioners

contending that the dispute with the 3 rd respondent de

facto complainant has been resolved satisfactorily

and that no further grievance survives. To

substantiate the settlement, learned counsel for the

petitioners relied on Annexure A3 affidavit affirmed

by the 3rd respondent.

3. The learned Public Prosecutor on

instructions submitted that the settlement has been

intimated to the investigation agency and the

statement of the de facto complainant recorded.
Crl.MC.No. 6362 of 2018

3

4. Being a matrimonial dispute, I am satisfied

that this is fit case in which the provision under

Section 482 Cr.P.C. can be invoked to meet the ends

of justice on the basis of a settlement arrived at

between the parties.

Accordingly, Crl.M.C. is allowed quashing all

further proceedings in C.C. No.865/2017 of Judicial

First Class Magistrate Court, Ambalappuzha.

Sd/-

SUNIL THOMAS, JUDGE

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME
NO.336/2017 OF THE PUNNAPRA POLICE
STATION.

ANNEXURE A2 CERTIFIED COPY OF CHARGE IN CRIME
NO.336/2017 OF THE PUNNAPRA POLICE
STATION.

ANNEXURE A3 AFFIDAVIT FILED BY 3RD
RESPONDENT/COMPLAINANT DATED 4.9.2018.

Pn 22/10

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