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Judgments of Supreme Court of India and High Courts

Shefeekh vs State Of Kerala on 30 November, 2018

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

4

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

5

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.

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