SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Nishad vs State Of Kerala on 21 January, 2020

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.
Crl.M.C. No. 561 of 2020

..2..

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:
Crl.M.C. No. 561 of 2020

..3..

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
Crl.M.C. No. 561 of 2020

..4..

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
Crl.M.C. No. 561 of 2020

..5..

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation