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High Court of KeralaCrl.MC/1452/2015allowed

Khadeeja v. The State Of Kerala

2015-03-274 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 Crl.MC.No. 1452 of 2015 () --------------------------- CC.NO. 1448/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, HOSDURG ----------------- PETITIONER/ACCUSED :

------------------------------------ KHADEEJA, AGED 54 YEARS W/O.MUHHAMMED, RESIDING AT ARSHAD MANSIL, PATTAKKAL KANHANGAD VILLAGE, KASARAGODE DISTRICT.

BY ADVS.SRI.JAWAHAR JOSE SRI.V.VINAY MENON RESPONDENTS/STATE, DEFACTO-COMPLAINANT & INJURED : -------------------------------------------------------------------------------------------

1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2. SULAIKA BEEVI, AGED 29 YEARS D/O. SARAFUDHEEN, RESIDING AT KALICHANPARA BELUR VILLAGE, HOSDURG TALUK KASARAGODE DISTRICT, PIN - 671 121.

R1 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 1452 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

--------------------------------------------- ANNEXURE A.

THE CERTIFIED COPY OF FIR.

ANNEXURE B.

THE CERTIFIED COPY OF FINAL REPORT.

ANNEXURE C.

THE TRUE COPY OF THE AGREEMENT .

ANNEXURE D.

THE COPY OF AFFIDAVIT SWEAR BY THE 2ND RESPONDENT EVIDENCING SETTLEMENT.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1452 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2015

O R D E R

Petitioner is the accused in C.C.No.1448/2014 on the file of the learned Judicial Magistrate of First Class-I, Hosdurg.

2.

The second respondent is her daughter-in-law. The petitioner is charged with having committed the offence under Sections 324 and 498A IPC. It is submitted that the matter has been settled. The prayer is to quash the proceedings in the criminal case.

3.

Heard the learned counsel for the petitioner, the second respondent and the learned Public Prosecutor. 4.

The second respondent has filed an affidavit to the effect that the matter has been settled and she has no objection to the proceedings in the criminal case being quashed. I am satisfied that no public interest is involved in this case.

Crl.M.C.No.1452 of 2015 -2In the result, Crl.M.C. is allowed. The proceedings in C.C.No.1448/2014 on the file of the learned Judicial Magistrate of First Class-I, Hosdurg are quashed. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/