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Rasheed vs Station House Officer 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.543 OF 2020(G)

AGAINST THE ORDER/JUDGMENT IN CC 196/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,KOZHIKODE

CRIME NO.47/2019 OF Kakkur Police Station , Kozhikode

PETITIONERS/ACCUSED NOS. 1 AND 2:

1 RASHEED, AGED 40 YEARS
S/O. ABDULKHADER, KARAKANDATHILMETHAL HOUSE,
P.C.PALAM (PO) KAKOOR,KOZHIKODE DISTRICT

2 KHADEEJA, AGED 59 YEARS
W/O. ABDULKHADER, KARAKANDATHILMETHAL HOUSE,
P.C.PALAM (PO) KAKOOR,KOZHIKODE DISTRICT

BY ADVS.
SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP

RESPONDENTS/COMPLAINANT STATE:

1 STATION HOUSE OFFICER
KAKKOR POLICE STATION,
KOZHIKODE DISTRICT ,PIN-673 613

2 SAHIDA, AGED 33 YEARS
W/O. RASHEED, KARAKKANDATHIL, P.C.PALAM,
NARIKUNNI (VIA), KAKKOOR,
KOZHIKODE DISTRICT,PIN-673 613

3 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,KOCHI-682 031

R2 BY ADV. K.V.SREERAJ
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.MC.No.543 OF 2020(G)

..2..

Crl.M.C. No. 543 of 20
—————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure-B Final Report

pending trial before the Judicial First Class Magistrate Court-III,

Kozhikode in C.C.No. 196 of 2019.

2. The petitioners are accused Nos. 1 and 2 in the

said case. The case was one registered under Sections 498A

and 406 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.MC.No.543 OF 2020(G)

..3..

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-B

Final Report pending trial before the Judicial First Class

Magistrate Court-III, Kozhikode in C.C.No. 196 of 2019 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 22.01.2020
Crl.MC.No.543 OF 2020(G)

..4..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME
NO.47/2019 OF KAKOOR POLICE

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.47/2019 OF KAKKOOR POLICE
WHICH IS NOW PENDING AGAINST THE
PETITIONERS AS C.C.NO.196/2019 IN THE
FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, KOZHIKODE

ANNEXURE-C AFFIDAVIT SWORN BY THE 2ND RESPONDENT
ON 23.12.2019

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