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Shabeer vs The State Of Kerala on 9 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941

Crl.MC.No.122 OF 2020(E)

AGAINST THE ORDER/JUDGMENT IN CC 1014/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,VATAKARA

CRIME NO.318/2016 OF Vatakara Police Station , Kozhikode

PETITIONER/ACCUSED:

1 SHABEER
AGED 30 YEARS
S/O. AMMED HAJI, THAYYULLATHIL HOUSE, VANIMEL P. O.,
VATAKARA TALUK, KOZHIKODE DISTRICT, PIN – 673 506.

2 AYISHU
AGED 57 YEARS
S/O. AMMED HAJI, THAYYULLATHIL HOUSE, VANIMEL P. O.,
VATAKARA TALUK, KOZHIKODE DISTRICT, PIN – 673 506.

BY ADVS.
SRI.U.P.BALAKRISHNAN
SRI.K.R.AVINASH (KUNNATH)

RESPONDENT/STATE DEFACTO COMPLAINANT:

1 THE STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
VATAKARA POLICE STATION, KOZHIKODE DISTRICT,
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

2 SHIFANA N. P.
AGED 28 YEARS
D/O.KUNJAMMED HAJI, RESIDING AT NIBRAS HOUSE,
RANDAM MILE, VAIKKILISSERI ROAD, MAYYANNOOR P. O.,
KOZHIKODE DISTRICT.

R2 BY ADV. C.H.ABDUL RASAC

SRI.SANTHOSH PETER – PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.122 OF 2020(E)

2

Crl.M.C.No.122 of 2020
———————————————–

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure – 2 Final Report

pending trial before the Judicial First Class Magistrate Court,

Vatakara in C.C.No.1014 of 2016.

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

said case. The case was one registered under Sections 406

and 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 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.122 OF 2020(E)

3

as the offences alleged against the petitioners are only

offences punishable under Sections 406 and 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.

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

2 Final Report pending trial before the Judicial First Class

Magistrate Court, Vatakara in C.C.No.1014 of 2016 is quashed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV
Crl.MC.No.122 OF 2020(E)

4

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME
NO.318/2016.

ANNEXURE 2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.318/2016.

ANNEXURE 3 TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT.

RESPONDENTS’ EXHIBITS: NIL

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