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Judgments of Supreme Court of India and High Courts

Razak.N.K vs State Of Kerala on 14 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

Crl.MC.No.9293 OF 2019(B)

AGAINST THE ORDER/JUDGMENT IN CC 1057/2014 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I,TIRUR

CRIME NO.489/2012 OF Valanchery Police Station , Malappuram

PETITIONERS/ACCUSED 1 TO 3:

1 RAZAK.N.K.,
S/O.ABOOBAKCER, NADUNGHANDATHIL HOUSE, CK PARA,
VADAKKUMBURAM, MALAPPURAM DISTRICT

2 ABOOBAKER,
S/O.MUHAMMED,, NADUNGHANDATHIL HOUSE, CK PARA,
VADAKKUMBURAM, MALAPPURAM DISTRICT

3 BEEYYA KUTTY
W/O.ABOOBAKER, NADUNGHANDATHIL HOUSE, CK PARA,
VADAKKUMBURAM, MALAPPURAM DISTRICT

BY ADVS.
SRI.P.T.SHEEJISH
SMT.K.K.NESNA

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031

2 SHAHINA,
AGED 28 YEARS
D/O.MUHAMMED ALI, RESIDING AT KOLAMBAN HOUSE,
KARIPOL.P.O, VALANCHERY, MALAPPURAM DISTRICT,
PIN-676552

R2 BY ADV. AJOY VENU

AMJED ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.9293 OF 2019(B)

2

Crl.M.C.No.9293 of 2019
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – AI Final Report

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

Tirur in C.C.No.1057 of 2014.

2. The petitioners are the accused 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 stated that the petitioners and the de facto

complainant of the crime have amicably settled the disputes

and 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. In the light of the decision of the Apex Court in

Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar

as the offences alleged against the petitioners are only
Crl.MC.No.9293 OF 2019(B)

3

offences punishable under Sections 498A and 406 read with

Section 34 of the Indian Penal Code, I am of the view that this

is an appropriate case where this court has to invoke the

jurisdiction under Section 482 of the Code of Criminal

Procedure to quash the proceedings.

In the result, the Crl.M.C. is allowed and Annexure –

AI Final Report pending trial before the Judicial First Class

Magistrate Court-I, Tirur in C.C.No.1057 of 2014 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.9293 OF 2019(B)

4

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.489/2012 OF VALANCHERY POLICE
STATION, MALAPPURAM DISTRICT

ANNEXURE A2 THE AFFIDAVIT SWORN BY THE SECOND
RESPONDENT/DEFACTO COMPLAINANT DATED
09.12.2019

RESPONDENTS’ EXHIBITS: NIL

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