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Noufal vs Unknown on 31 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY,THE 31ST DAY OF OCTOBER 2018 / 9TH KARTHIKA, 1940

Crl.MC.No. 6664 of 2018

PENDING AS CC 558/2017 of JUDICIAL FIRST CLASS MAGISTRATE
COURT – II, PERAMBRA

CRIME NO. 241/2017 OF PERAMBRA POLICE STATION, KOZHIKODE

PETITIONER/ACCUSED:
1 NOUFAL, AGED 36 YEARS, S/O MAMMAD KOYA, PERUVACHALIL
MEETHAL HOUSE, EDAKKARA PO, CHELANNUR (VIA),
THALAKKULATHUR, KOZHIKODE.
2 MAMMAD KOYA, AGED 61 YEARS, S/O.MOIDEENKOYA,
PERUVACHALIL MEETHAL HOUSE, EDAKKARA(P.O.),
CHELANNUR(VIA), THALAKKULATHUR, KOZHIKODE.

3 HAJJEEBI, AGED 53 YEARS, W/O.MAMMAD KOYA, PERUVACHALIL
MEETHAL HOUSE, EDAKKARA(P.O.), CHELANNUR(VIA),
THALAKKULATHUR, KOZHIKODE.

4 NOUSHIDHA, AGED 31 YEARS, D/O.MAMMAD KOYA,
PERUVACHALIL MEETHAL HOUSE, EDAKKARA(P.O.),
CHELANNUR(VIA), THALAKKULATHUR, KOZHIKODE.
5 NASNA, AGED 29 YEARS, D/O.MAMMAD KOYA, PERUVACHALIL
MEETHAL HOUSE, EDAKKARA(P.O.), CHELANNUR(VIA),
THALAKKULATHUR, KOZHIKODE.
BY ADV.SRI.SANTHARAM.P
BY ADV.SMT.REKHA ARAVIND
RESPONDENT/DEFACTO-COMPLAINANT STATE
1 SAJINA N, AGED 28 YEARS, D/O SALEEM,
CHERATTPARAMBATH HOUSE, PANTHIRAMKAVU, PO,
MANAKKADAVU, KOZHIKODE DISTRICT.
2 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, KOCHI-31.
R1 BY ADV. SRI.ANOOP JOSEPH
R2 BY PUBLIC PROSECUTOR SMT.SREEJA V

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.10.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 6664 of 2018
2

O R D E R

The petitioners are the accused in Crime

No.241/2017 of Atholi police station now pending

as CC.No.558/2017 on the files of the Judicial

First Class Magistrate Court-II, Perambra, for

offences punishable under sections 406, 498A read

with section 34 of the Indian Penal Code.

2. The allegation of the first respondent

was that after her marriage with the first

petitioner on 30.5.2010, while living as husband

and wife, she was subjected to matrimonial

cruelty by the petitioners, who are the husband,

his parents and the relatives. Complaint was

laid, crime was registered and after

investigation, final report was laid. The

petitioners are facing trial in the above case.

3. Claiming that the first respondent has

settled the dispute with the petitioners the

Crl.M.C is laid. Evidencing the settlement

Annexure-2 affidavit has been affirmed by the
Crl.MC.No. 6664 of 2018
3

first respondent. Annexure-2 shows that the

parties have resolved their dispute and they have

no surviving grievance. The learned counsel for

the first respondent acknowledged the due

execution of the affidavit and submitted that she

has no objection in quashing the proceedings.

The learned Public Prosecutor also submitted that

the parties have settled their dispute and have

legally separated. Considering the settlement

arrived at in the matrimonial dispute, I am

inclined to invoke the jurisdiction under section

482 Cr.P.C and to quash the entire criminal

proceedings.

Accordingly, Crl.M.C is allowed. All further

proceedings in CC.No.558/2017 on the files of the

Judicial First Class Magistrate Court-II,

Perambra, arising from Crime No.241/2017 of

Atholi police station as against the petitioners

herein stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
R.AV //True Copy// PA to Judge
Crl.MC.No. 6664 of 2018
4

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE I: CERTIFIED COPY OF THE FINAL
REPORT AND CHARGE SUBMITTED ON
22.03.2017 BY THE S.I. OF POLICE
ATHOLI POLICE STATION.

ANNEXURE II: NOTARIZED AFFIDAVIT SWORN TO BY
THE 1ST RESPONDENT.

RESPONDENT’S/S EXHIBITS NIL

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