IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941
Crl.MC.No.561 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CC 564/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
CRIME NO.33/2018 OF Feroke Police Station , Kozhikode
PETITIONERS/ACCUSED:
1 NISHAD, AGED 35 YEARS
S/O. MOIDEEN KOYA, PALLIKKAVIL HOUSE,
KODAMPUZHA, FAROOQ COLLEGE P.O., VELLPRAM
AMSOM,
KARIKALLAYI DESOM.
2 MOIDEEN KOYA, AGED 65 YEARS
S/O. KUNJOYIL, PALLIKKAVIL HOUSE, KODAMPUZHA,
FAROOQ COLLEGE P.O., VELLPRAM AMSOM,
KARIKALLAYI DESOM.
3 SAFIYA, AGED 56 YEARS
H/O.MOIDEEN KOYA, PALLIKKAVIL HOUSE,
KODAMPUZHA, FAROOQ COLLEGE P.O.,
VELLPRAM AMSOM, KARIKALLAYI DESOM.
4 ASRATH, AGED 38 YEARS
H/O. ABDUL GAFOOR, PALLIKKAVIL HOUSE,
KODAMPUZHA, FAROOQ COLLEGE P.O.,
VELLPRAM AMSOM, KARIKALLAYI DESOM.
5 ABDUL GAFOOR, AGED 47 YEARS
S/O. MAMMAD, NECHIKKATTT HOUSE,
PONKUNNU P.O., VALAYANAD AMSOM DESOM.
BY ADV. SMT.CELINE JOSEPH
RESPONDENTS/STATE DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
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2 SAKKEENA, AGED 37 YEARS, D/O. HASSAN,
KARUVARAMKUNNATH PALLIYALIL HOUSE,
NATHAMKUNI POST, MUPPAINAD VILLAGE,
VYTHIRI TALUK, WAYANAD DISTRICT-673577.
R2 BY ADV. M.R.JAYALATHA
BY SR. PP SRI. AMJED ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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Crl.M.C. No. 561 of 2020
———————————
ORDER
This is a proceedings under Section 482 of the Code
of Criminal Procedure for quashing Annexure II Final Report
pending trial before the Judicial First Class Magistrate Court-V,
Kozhikode in C.C.No.564 of 2018.
2. The petitioners are the accused in the said case.
The case was one registered under Sections 498A and 506
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
the matrimonial discord between the de facto complainant and
her husband, the first accused. Though the matter is settled
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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 II
Final Report pending trial before the Judicial First Class
Magistrate Court-V, Kozhikode in C.C.No.564 of 2018 and all
further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 22.01.2020
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FIR IN
NO.33/2018 DATED 29/01/2018.
ANNEXURE II CERTIFIED COPY OF THE CHARGE SHEET
DATED 18/07/2018 OF THE FEROKE POLICE
STATION.
ANNEXURE III CERTIFIED COPY OF THE MEMORANDUM OF
EVIDENCE.
ANNEXURE IV ORIGINAL OF THE AFFIDAVIT DATED
09/01/2020 AFFIRMED BY THE RESPONDENT
NO.2.