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.
