IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940
Crl.MC.No. 7128 of 2018
CRIME NO. 710/2018 OF Eloor Police Station , Ernakulam
PETITIONERS/ACCUSED:
1 SHEFEEKH,
AGED 31 YEARS
S/O.NOOR MUHAMMED,
C/O. ABDUL KAREEM, COLONY STOP, MANJUMMEL, ELOOR.
2 NOOR MUHAMMED,
AGED 60 YEARS
C/O. ABDUL KAREEM, COLONY STOP, MANJUMMEL, ELOOR.
3 ALLEMMA,
AGED 55 YEARS
W/O.NOOR MUHAMMED, AGED 60 YEARS, C/O. ABDUL KAREEM,
COLONY STOP, MANJUMMEL, ELOOR.
BY ADVS.
SRI.KRISHOB K.NAIR
SMT.SETHULEKSHMI PRABHA
SRI.SREEJITH S. KUMAR
RESPONDENTS/STATE DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682031.
2 SUB INSPECTOR,
ELOOR POLICE STATION, PIN 683501.
3 MIRSAN ZOORATH,
AGED 19 YEARS, W/O.SHEFEEKH,
C/O ABDUL KAREEM, COLONY STOP, MANJUMMEL, ELOOR,
PIN- 683501.
BY ADV. SMT.K.U.HASEENA
Crl.MC.No. 7128 of 2018
2
OTHER PRESENT:
SR.PP. AMJATH ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7128 of 2018
3
O R D E R
The petitioners herein are the accused in crime no.710/2018
of Eloor Police station for offences punishable under Section 498A
IPC.
2. The third respondent – defacto complainant alleged that
the petitioners who are the husband and in-laws subjected her to
matrimonial cruelty demanding dowry. Pending proceedings
parties are stated to have settled their dispute. Evidencing the
settlement, an affidavit is seen filed.
3. Pursuant to the direction of this court the learned Public
Prosecutor has informed that a statement of the defacto
complainant was recorded wherein she has asserted that she
proposes to pursue the proceedings.
4. However, when the matter was taken up, the learned
counsel for the petitioners and the learned counsel for the 3 rd
respondent submitted that they do not propose to pursue the
criminal proceedings and the statement given to the police seems
to be wrongly recorded.
Crl.MC.No. 7128 of 2018
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5. The defacto complainant and the first petitioner were
present in court. On interacting with the 3rd respondent she
asserted that she has signed the affidavit and also given a
statement to the police that she is not interested in pursuing the
criminal proceedings. She asserted that she is now living happily
with the first petitioner. Having noticed this, I am inclined to hold
that no purpose will be served by prosecuting the petitioners.
Accordingly, Crl.M.C. is allowed and all further proceedings in
crime no.710/2018 of Eloor Police station stand quashed.
Sd/-
SUNIL THOMAS
shg JUDGE
Crl.MC.No. 7128 of 2018
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME
NO.710/2018 OF ELOOR POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE
3RD RESPONDENT.