Soopi Inthiyaz v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Crl.MC.No.1139 of 2015 --------------------------------- CRIME NO.404/2013 OF MANJESWAR POLICE STATION,KASARGOD. ...

PETITIONERS/ACCUSED:

------------------------------------- SOOPI INTHIYAZ,AGED 31 YEARS,S/O.ABDULLA, R/AT RINSA COTTAGE,MOULANA ROAD, UDYAVAR,POST MANJESHWAR,KASARAGOD DISTRICT.

BY ADV.SRI.KODOTH SREEDHARAN RESPONDENTS/COMPLAINANT:

----------------------------------------------- 1.

STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

2.

ABIDA HALEEMA.P.M,AGED 23 YEARS, D/O.IBRAHIM,R/AT POYYAKKANDA HOUSE, NEAR RAILWAY BRIDGE,MANJESHWAR.P.O, KASARAGOD DISTRICT.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 BY ADV.SMT.C.B.SUMA DEVI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.1139 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------------------------- ANNEXURE-I:TRUE COPY OF THE FINAL REPORT IN CR.NO.404/2013 OF MANJESHWAR POLICE STATION,DATED 14.01.2014.

ANNEXURE-II:TRUE COPY OF THE AGREEMENT DATED 06/06/2014. RESPONDENT'S ANNEXURES:

NIL -------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.1139 of 2015 -------------------------------------------- Dated this the 27th day of May 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. The petitioner and the 2nd respondent are husband and wife. He is the accused in C.C. No.575 of 2014 of the Chief Judicial Magistrate Court, Kasaragod. He is alleged to have subjected the 2nd respondent to cruelty and misappropriated her properties and thus committed the offences under Secs.498A and 406 of Indian Penal Code. 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 petitioner and for the 2nd respondent and the learned Public Prosecutor.

4. The 2nd 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

Crl.M.C. No.1139 of 2015 2 public interest is involved in this case. This is a fit case to invoke the jurisdiction of this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case. In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.575 of 2014 of the Chief Judicial Magistrate Court, Kasaragod are quashed.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge