Abdul Latheef M.T.P v. Rasiya T.K
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.KEMAL PASHA WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 Crl.MC.No.473 of 2015 -------------------------------- CC NO.1054/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG.
CRIME NO.375/2010 OF CHITTARIKAL POLICE STATION,KASARGOD. ..
PETITIONER/ACCUSED NO.1:
------------------------------------------- ABDUL LATHEEF M.T.P,S/O.M.T.P.SADHULI, AGED 32 YEARS,PAINTER,MANAKKATTU THEKKEPEEDIKAYIL, M.T.P.HOUSE,KADUMENI,CHERUPUZHA, HOSDURG TALUK,KASARAGOD DISTRICT.
BY ADVS.SRI.C.K.SREEJITH SRI.MURUGAN P.V.
SRI.P.J.SONY SRI.K.V.RADHAKRISHNAN (MADURAI) BOBBY MATHEW KOOTHATTUKULAM RESPONDENTS/COMPLAINANTS & STATE:
--------------------------------------------------------------- 1.
RASIYA T.K,AGED 28 YEARS,D/O.AYSHA, RESIDING AT NEAR NEELIRINGA JAMA ATH MOSQUE, NEELIRINGA,P.O.PERINGOME,TALIPARAMBA TALUK, KANNUR DISTRICT,PIN - 670 307.
2.
THE STATION HOUSE OFFICER, CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM - 682 031.
3.
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031.
R1 BY ADV.SMT.MARY RANZOM LOUIZ R2 & R3 BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
Crl.MC.No.473 of 2015 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------------------------- ANNEXURE A1:THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE HON'BLE JUDICIAL II CLASS MAGISTRATE HOSDURG. ANNEXURE A2:THE CERTIFIED COPY OF THE FIR NO.375/2010 ON THE FILE OF CHITTARIKKAL POLICE STATION.
ANNEXURE A3:THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.375/2010 ON THE FILE OF CHITTARIKKAL POLICE STATION. ANNEXURE A4:THE CERTIFIED COPY OF THE JUDGMENT IN CC NO.1152/2010 ON THE FILE OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE NO.II,HOSDURG.
ANNEXURE A5:THE TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND 1ST RESPONDENT.
RESPONDENT'S ANNEXURES:
NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.473 of 2015 ````````````````````````````````````````````````````````````` Dated this the 1st day of April, 2015
O R D E R
~ ~ ~ ~ ~ ~ This is a petition filed under Section 482 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Crime No.375/2010 of Chittarikkal Police Station registered for the offence punishable under Section 498A of the Indian Penal Code. 3.
Petitioner has come up with this petition under Section 482 Cr.P.C. for getting Annexure-A2 FIR and Annexure-A3 Final Report in Crime No.375/2010 of Chittarikkal Police Station as against the petitioner and all further proceedings based on it in C.C.1054/2012 pending before the Judicial First Class Magistrate's Court-II, Hosdurg, quashed.
4.
The allegation against the petitioner is that he has tortured and harassed the de facto complainant, who is
Crl.M.C.473/2015 : 2 :
his wife, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry, after misappropriating her entire gold ornaments and money. 5.
Heard learned counsel for the petitioner, the learned counsel for the defacto complainant, who is the 1st respondent herein, and learned Public Prosecutor. 6.
According to the petitioner, all the matters in dispute between the petitioner and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioner and, therefore, the proceedings against the petitioner may be quashed.
7.
The defacto complainant, who is the 1st respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioner have been amicably settled and, therefore, she has no complaints against the petitioner and, therefore, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact
Crl.M.C.473/2015 : 3 :
that the affidavit has been sworn in by the defacto complainant on her own volition.
8.
When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioner, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-A2 FIR and Annexure-A3 Final Report in Crime No.375/2010 of Chittarikkal Police Station as against the petitioner and all further proceedings based on it in C.C.1054/2012 pending before the Judicial First Class Magistrate's Court-II, Hosdurg are hereby quashed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/01/04 //True copy// P.A to Judge.