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Kunhimoideen vs State Of Kerala on 22 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.UBAID

MONDAY, THE 22ND DAY OF OCTOBER 2018 / 30TH ASWINA, 1940

Crl.Rev.Pet.No. 3468 of 2009

AGAINST THE JUDGMENT IN CRA 22/2008 of ADDL.SESSIONS COURT
(ADHOC)III, MANJERI

AGAINST THE JUDGMENT IN CC 990/2004 of J.M.F.C., MALAPPURAM DATED
17.12.2007

REVISION PETITIONER/APPELLANT/ACCUSED :

KUNHIMOIDEEN, S/O.MUHAMMED HAJI,
KOTTAKKULAM HOUSE, OTHUKKUNGAL AMSOM DESOM.

BY ADVS.
SRI.BASANT BALAJI
SRI.R.GOPAN

RESPONDENT/RESPONDENT/COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

ADDI.R2 SAFIYA,
D/O.KUNJIMOIDU MUSALIYAR, NARIMADAKKAL HOUSE,
KOTTAKAL AMSOM, KAVATHIKALAM, KOTTAKKAL P.O.,
MALAPPURAM.
ADDL.R2 IS IMPLEADED AS PER ORDER DATED 5.9.2018 IN
CRL.M.A.6614/2017 IN CRL.R.P.3468/2009.

BY ADVS.
R2 SHAJIN S.HAMEED
R1 BY SRI.C.M.KAMMAPPU (SR.PUBLIC PROSECUTOR)

OTHER PRESENT:

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
22.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No. 3468 of 2009
2

ORDER

This is a revision challenging the conviction and sentence

under Sections 498A and 323 IPC in C.C.No.990 of 2004 of the

Judicial First Class Magistrate’s Court, Malappuram. The appeal

brought by the accused against the conviction and sentence was

dismissed by the learned Additional Sessions Judge, Adhoc-III,

Manjeri. When the revision petition came up for final hearing last

time, it was submitted that the parties have come to terms

amicably out of Court, and they have been residing separately for

years. The marriage stands dissolved. In view of the settlement

arrived at out of Court, the parties filed Crl.M.A.No.1 of 2018 under

Section 482 Cr.P.C. to quash the whole prosecution including the

conviction and sentence.

2. In support of the application to quash the

prosecution, the victim has filed an affidavit to the effect that she

has no grievance or complaint now, and that the whole dispute

stands amicably settled out of Court. She has also executed an

agreement, the original of which is produced in Court. The

agreement shows that she has received all the dues from her
Crl.Rev.Pet.No. 3468 of 2009
3

husband. The Honourable Supreme Court has settled that at any

stage of a prosecution, the High Court can quash the prosecution, or

even the conviction and sentence, if the parties have settled the

dispute amicably out of Court, and the case does not involve any

public issue or public interest. This is only a case involving

matrimonial dispute, and I am well satisfied that on the intervention

of persons acceptable to both sides, the parties have resolved the

whole dispute forever.

In the result, Crl.M.A.No.1 of 2018 is allowed, and the

revision petition is disposed of in terms of the settlement.

Accordingly, the whole prosecution against the petitioner including

the conviction and sentence against him in C.C.No.990 of 2004 of

the Judicial First Class Magistrate’s Court, Malappuram, will stand

set aside under Section 482 Cr.P.C., and he will stand released from

prosecution.

Sd/-

P.UBAID
rkj JUDGE

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