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Mahroof M. M vs State Of Kerala on 14 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941

Crl.MC.No.1309 OF 2020(C)

PROCEEDINGS IN CC 678/2019 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA

CRIME NO.298/2019 OF VATAKARA POLICE STATION

PETITIONERS/ACCUSED NOS.1 TO 4:

1 MAHROOF M. M.
AGED 31 YEARS
S/O. IBRAHIM, MAHROOF MANSIL,
MAMMALLI MEETHAL (H), MEMUNDA P. O.,
VATAKARA TALUK, KOZHIKODE DISTRICT,
PIN CODE – 673 104.

2 KUNJAYI
AGED 56 YEARS
W/O. IBRAHIM, MAHROOF MANSIL,
MAMMALLI MEETHAL (H), MEMUNDA P. O.,
VATAKARA TALUK, KOZHIKODE DISTRICT,
PIN CODE – 673 104.

3 SAMEERA
AGED 39 YEARS
D/O. IBRAHIM, KOMVALLIMEETHAL (H),
CHEMMARATHUR P. O., VATAKARA TALUK,
KOZHIKODE DISTRICT, PINCODE – 673 104.

4 MAJEED
AGED 40 YEARS
S/O. KUNJAMMAD, MACHIL (H), MEMUNDA P. O.,
VATAKARA TALUK, KOZHIKODE DISTRICT, PIN CODE –
673 104.

BY ADV. SRI.B.MUHAMMED SHAHEEL
Crl.M.C.No.1309 of 2020 2

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN – 682 031. (INVESTIGATING OFFICER IN
CRIME NO.298/2019 OF VATAKARA POLICE STATION,
KOZHIKODE DISTRICT)

2 FASEELA T. T. K.
AGED 26 YEARS
D/O. AMMAD, KOMATH (H), KASTHOORIKKULAM,
NADAPURAM P. O., VATAKARA TALUK, KOZHIKODE
DISTRICT, PINCODE – 673 504.

R2 BY ADV. K.REEHA KHADER
R1 BY SRI.AMJAD ALI, SR.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1309 of 2020 3

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A1 Final Report

pending trial before the Judicial First Class Magistrate Court,

Vatakara in C.C.No.678 of 2019.

2. The petitioners are the accused in the said

case. The case was one registered under Sections 498A and

406 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
Crl.M.C.No.1309 of 2020 4

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. 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 –

A1 Final Report pending trial before the Judicial First Class

Magistrate Court, Vatakara in C.C.No.678 of 2019 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK
Crl.M.C.No.1309 of 2020 5

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.298/2019 OF VATAKARA
POLICE STATION, KOZHIKODE DISTRICT
PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, VATAKARA AS CC
678/2019.

ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

DK

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