Rasid P.V. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 Crl.MC.No. 1561 of 2015 ---------------------------------- CC 110/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO. 845/2013 OF NILESWAR POLICE STATION , KASARGOD ----------------- PETITIONER(S)/ACCUSED:
--------------------------------------
1. RASID P.V., AGED 29 YEARS, S/O.ABOOBAKKER, FAMEEZA MANZIL, KARUVALAM PADANNAKKAD VILLAGE, KASARAGOD DISTRICT.
2. NABEESA A.K., AGED 59 YEARS W/O.ABOOBAKKER, FAMEEZA MANZIL, KARUVALAM PADANNAKKAD, KANHANGAD VILLAGE, KASARAGOD DISTRICT
3. SAHIRA P.V., AGED 33 YEARS D/O.ABOOBAKKER, PUTHIYA VAALAPP KADAPPURAM DARUL SALAM QUARTERS, HOSDURG VILLAGE KASARAGOD DISTRICT.
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENT(S)/COMPLAINANT:
------------------------------------------------
1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM PIN - 682031.
2. FATHIBI, D/O.LATE ABDUL KAREEM, AGED 24 YEARS SABIR MANZIL, NEAR NADUVIL PALLI, THIKADAPPURAM NILESWARAM VILLAGE, HSODURG TALUK KASARAGOD DISTRICT PIN - 673 101.
R1 BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS R2 BY ADV. SRI.NIRMAL V NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 1561 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A1- A TRUE COPY OF THE FIR IN CRIME NO.845 OF 2013 OF NILESWARAM POLICE STATION ANNEXURE A2- A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 845 OF 2013 OF NILESWARAM POLICE STATION ANNEXURE A3- AFFIDAVIT DATED 25.2.2015 SUBMITTED BY 2ND RESPONDENT RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.1561 2015 ````````````````````````````````````````````````````````````` Dated this the 18th day of March, 2015
O R D E R
~ ~ ~ ~ ~ ~ This is a petition filed under Section 482 of the Code of Criminal Procedure.
2.
Petitioners are accused Nos.1 to 3 in Crime No.845/2013 of Nileswaram Police Station registered for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code.
3.
Petitioners have come up with this petition for getting Annexure-A1 FIR and Annexure-A2 final report in Crime No.845/2013 of Nileswaram Police Station as against the petitioners and all further proceedings based on it in
: 2 :
C.C.110/2014 pending before the Judicial First Class Magistrate's Court-II, Hosdurg, quashed.
4.
The allegation against the petitioners is that they have tortured and harassed the de facto complainant, who is the wife of the 1st petitioner, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry.
5.
Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 2nd respondent herein, and learned Public Prosecutor. 6.
According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled and presently, the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed.
7.
The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that all the
: 3 :
matters in dispute between her and the petitioners have been amicably settled and, therefore, she has no complaints against the petitioners 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 that the affidavit has been sworn in by the defacto complainant on her own volition. 8.
Through the settlement, the petitioner and the 2nd respondent are living together as husband and wife and are leading a peaceful married life. When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioners, 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-A1 FIR and Annexure-A2 final report in Crime No.845/2013 of Nileswaram Police Station as against the petitioners and all
: 4 :
further proceedings based on it in C.C.110/2014 pending before the Judicial First Class Magistrate's Court-II, Hosdurg are hereby quashed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/18/03 // True Copy // PA to Judge