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Samseer Ali vs The State Of Kerala on 17 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

Crl.MC.No.9331 OF 2019(F)

CRIME NO.212/2019 OF Vengara Police Station , Malappuram

PETITIONERS/ACCUSED:

1 SAMSEER ALI
AGED 26 YEARS
S/O.SAIDALAVI,
NAYYATTIL HOUSE,
VENGARA,
MALAPPURAM DISTRICT.

2 SAIDALAVI
AGED 56 YEARS
NAYYATTIL HOUSE,
VENGARA,
MALAPPURAM DISTRICT

3 KADEEJA
AGED 48 YEARS
W/O.SAIDALAVI, NAYYATTIL HOUSE, VENGARA,
MALAPPURAM DISTRICT.

4 RAMLABI
AGED 28 YEARS
D/O.SAIDALAVI, NAYYATTIL HOUSE, VENGARA,
MALAPPURAM DISTRICT

BY ADV. SRI.K.RAKESH

RESPONDENTS/STATE DEFACTO COMPLAINANT:

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

2 THE STATION HOUSE OFFICER,
VENGARA POLICE STATION
MALAPPURAM DISTRICT
PIN – 676 304

3 KHADEEJA BEEVI,
D/O.ABDUL BASHEER
AGED 22 YEARS
Crl.MC.No.9331 OF 2019(F)

2

PUTHIYA PARAMBIL HOUSE
PERUVALLUR P.O,
VENGARA, MALAPPURAM DISTRICT,
PIN – 673 638

R3 BY ADV. K.S.PRAVEEN

SRI. AMJETH ALI – SR. PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 17.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.9331 OF 2019(F)

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Crl.M.C.No.9331 of 2019
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – A First

Information Report and all further proceedings pursuant

thereto in Crime No.212 of 2019 of Vengara Police Station.

2. The petitioners are the accused in the said

case. The case was one registered under Sections 406, 498A

read with Section 34 of the Indian Penal Code.

3. It is stated that the petitioners and the de facto

complainant have amicably settled the disputes and an

affidavit sworn to by the de facto complainant to that effect 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
Crl.MC.No.9331 OF 2019(F)

4

as the offences alleged against the petitioners in the case are

only offences punishable under Sections 406, 498A 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 against the petitioners.

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

A First Information Report and all further proceedings pursuant

thereto in Crime No.212 of 2019 of Vengara Police Station are

quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.9331 OF 2019(F)

5

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A TRUE COPY OF THE FIR IN CRIME
NO.212/2019 OF THE VENGARA POLICE
STATION DATED, 2.11.2019

ANNEXURE B AFFIDAVIT SWORN TO BY THE 3RD
RESPONDENT DATED, 10.12.2019

RESPONDENTS’ EXHIBITS: NIL

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