Jishad Shamsudeen v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Crl.MC.No.949 of 2015 -------------------------------- CC NO.228/2012 of THE CHIEF JUDICIAL MAGISTRATE COURT,THRISSUR. CRIME NO.1432/2012 OF TOWN WEST POLICE STATION,TRISSUR. ..
PETITIONER'S/ACCUSED 1 TO 3:
------------------------------------------------ 1.
JISHAD SHAMSUDEEN,AGED 27 YEARS, S/O.PUTHIYAVEETIL SHAMSUDEEN, KANNAMPURAM DESOM,CHETTUPUZHA P.O., THRISSUR TALUK.
2.
VAHIDA SHAMSUDEEN,AGED 44 YEARS, W/O.SHAMSUDEEN,PUTHIYAVEETIL HOUSE, KANNAMPURAM DESOM,CHETTUPUZHA P.O., THRISSUR TALUK.
3.
JISMA P.S,AGED 25 YEARS,D/O.SHAMSUDEEN, PUTHIYAVEETIL HOUSE,KANNAMPURAM DESOM, CHETTUPUZHA P.O.,THRISSUR TALUK.
BY ADV.SRI.G.SREEKUMAR (CHELUR) RESPONDENTS/STATE OF KERALA AND THE DEFACTO COMPLAINANAT: -------------------------------------------------------------------------------------------------------- 1.
THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031. 2.
HAIFA,AGED 22 YEARS,D/O.ABDUL GAFOOR, PANIKAVEETIL HOUSE,PADOOR DESOM, VENKITANGU VILLAGE,CHAVAKKAD TALUK-680001.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 BY ADV.SRI.RAJIT THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
Crl.MC.No.949 of 2015 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:
---------------------------------------- ANNEXURE I:A TRUE COPY OF THE FIR IN CRIME NO.1432 OF 2012 OF THE THRISSUR WEST POLICE STATION DATED 18/09/2012. ANNEXURE II:A TRUE COPY OF THE AFFIDAVIT FILED BY THE SECOND RESPONDENT DATED 29/01/2015.
RESPONDENT'S ANNEXURES:
NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
K. ABRAHAM MATHEW, J.
==================== Crl.M.C. No. 949 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2015
O R D E R
Petition filed under Section 482 Cr.P.C.
2. The first petitioner is the husband of the second respondent. The second petitioner is his mother and the third petitioner is his sister. The petitioners are accused in C.C. No. 228 of 2012 on the file of the Judicial First Class Magistrate,Thrissur. The allegation is that they have committed the offences under Section 406, 420 and 498A of IPC. It is submitted that the dispute between the parties has been settled. The request is to quash the proceedings in the criminal case.
3. Heard the learned counsel for the petitioners and for the second respondent and the learned Public Prosecutor.
4. The second respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit case to invoke the jurisdiction of this Court under Section 482 Cr.P.C. to quash the proceedings in the
Crl.M.C. No. 949 of 2015 ::2::
criminal case.
In the result, this Crl. M.C. is allowed. The proceedings in C.C. No. 228 of 2012 on the file of the Judicial First Class Magistrate,Thrissur are quashed.
Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge