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Shajahan vs Saifunnisa V.V on 25 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

Crl.MC.No.8056 OF 2019(F)

CC 903/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR

CRIME NO.634/2016 OF Alathur Police Station, Palakkad

PETITIONERS/ACCUSED 1 TO 4 :
1 SHAJAHAN,
AGED 42 YEARS, S/O.NOOR MOHAMMED,
MUZHAYANMOOCHI HOUSE, KUNNISSERY VILLAGE,
P.O.KUTTALA, PALAKKAD – 678 541.

2 NOOR MOHAMMED,
AGED 68 YEARS, S/O.ANSHUL RAHMAN,
MUZHAYANMOOCHI HOUSE, KUNNISSERY VILLAGE,
P.O.KUTTALA, PALAKKAD – 678 541.

3 VAHEEDA BEGAN,
AGED 61 YEARS, W/O.NOOR MOHAMMED,
MUZHAYANMOOCHI HOUSE, KUNISSERY VILLAGE,
P.O.KUTTALA, PALAKKAD – 678 541.

4 THASNI,
AGED 33 YEARS, D/O.NOOR MOHAMMED,
MUZHAYANMOOCHI HOUSE, KUNNISSERY VILLAGE,
P.O.KUTTALA, PALAKKAD – 678 541.

BY ADVS.
SRI.SIRAJ KAROLY
SRI.C.K.PREM RAJ

RESPONDENTS/COMPLAINANT STATE :
1 SAIFUNNISA V.V.,
AGED 38 YEARS, D/O.MUHAMMED,
VADAKKATHVALAPPIL HOUSE, KADANCHERRY,
MARAVANCHERRY, P.O.PONNANI – 679 582,
MALAPPURAM DISTRICT.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682031.

R1 BY ADV. SRI.N.MUHAMMAD SAJU
R2 BY SRI.SANTHOSH PETER, SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8056 OF 2019(F)
2

ORDER

This is a proceedings under Section 482 of the Code of

Criminal Procedure for quashing Annexure-A2 Charge Sheet

pending trial before the Judicial First Class Magistrate Court,

Alathur in C.C.No.903 of 2016.

2. The petitioners are the accused in the said case.

The case was one registered under Section 498A 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 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.
Crl.MC.No.8056 OF 2019(F)
3

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-A2

Charge Sheet pending trial before the Judicial First Class

Magistrate Court, Alathur in C.C.No.903 of 2016 and all further

proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
rkj JUDGE
Crl.MC.No.8056 OF 2019(F)
4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR REGISTERED BY

THE ALATHUR POLICE STATION PALAKKAD
DATED 21/6/2016.

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET
PENDING AS CC 903 OF 2016 DATED
10/7/2017 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, ALATHUR.

ANNEXURE A3 CERTIFIED COPY OF THE SETTLEMENT ARRIVED
IN THE LOK ADALATH DATED 13/7/2019.

ANNEXURE A4 TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT DATED 13/7/2019.

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