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Mehmood Musammil vs State Of Kerala on 7 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE V.G.ARUN

TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941

Crl.MC.No. 1938 of 2019

AGAINST THE ORDER IN CC 454/2016 of JUDICIAL MAGISTRATE OF FIRST
CLASS -I, PERINTHALMANNA

CRIME NO. 32/2016 OF Perinthalmanna Police Station , Malappuram

PETITIONER/ACCUSED:

MEHMOOD MUSAMMIL
AGED 28 YEARS
S/O.ALIKUUTTY, PALANGADAN HOUSE, KODOOR, 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. (CRIME NO. 32/2016 OF
PERINTHALMANNA POLICE STATION).

2 SUHAIBATHUL ASLAMIYA,
AGED 30 YEARS
D/O.ASHRAF, PALASSERI HOUSE, THEJAS NAGAR,
ANGADIPURAM, PERINTHALMANNA- 679322, MALAPPURAM
DISTRICT.

BY ADV. SRI.BINU V V VEETTIL VALAPPIL

SR.PP.SRI. M.S.BREEZ

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1938 of 2019

2

ORDER

The petitioner is the accused in C.C.No.454/2016 on the file

of the judicial First Class Magistrate Court, Perinthalmanna. The

offences alleged against the petitioner is under Sections 406 and

Section498A IPC. The 2nd respondent herein is the de facto complainant.

This Crl.M.C is filed seeking to quash the proceedings in

C.C.No.454/2016 on the file of the judicial First Class Magistrate

Court, Perinthalmanna on the ground that the issue leading to the

registration of the crime has been amicably settled between the

petitioner and the 2nd respondent.

2. Heard the learned counsel for the petitioner, the learned

counsel for the 2nd respondent and the learned Public Prosecutor.

3. Having perused the affidavit filed by the 2 nd

respondent, the contents of which is submitted to be true and

voluntary by the learned counsel for the 2 nd respondent, I am

satisfied that the matter has been amicably settled and that no

public interest is involved in this matter. Hence, there is no

impediment in granting the relief sought.

In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.454/2016 on the file of the judicial First Class Magistrate
Crl.MC.No. 1938 of 2019

3

Court, Perinthalmanna is quashed. If any material objects have

been seized during the course of investigation, the trial court may

pass appropriate orders for their disposal.

Sd/-

V.G.ARUN
nak JUDGE
Crl.MC.No. 1938 of 2019

4

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.32/2016
OF PERINTHALMANNA POLICE STATION.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME

NO.32/2016 OF PERINTHALMANNA POLICE
STATION.

ANNEXURE A3 THE ORIGINAL AFFIDAVIT SIGNED BY THE 2ND
RESPONDENT (DE-FACTO COMPLAINANT) DATED
02.03.2019.

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