Thamjeed Ahammed C.P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Crl.MC.No. 1577 of 2015 CRIME NO. 313/2014 OF PANNIYANKARA POLICE STATION, KOZHIKODE DISTRICT. .......

PETITIONER/ACCUSED:

----------------------------------- THAMJEED AHAMMED C.P., S/O.C.P.ASEES,AGED 23 YEARS, ZUBAIDA MANZIL, VELLAYIL ROAD, BEACH P.O., KOZHIKODE.

BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP RESPONDENT(S)/COMPLAINANT:

-------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. FATHIMA NOUFIYA T.K., AGED 21 YEARS, D/O.KALEEL REHMAN, SAHIDA MANZIL, MS BABURAJ ROAD, KALLAI P.O., KOZHIKODE, PIN - 673 003.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SMT.RESMI THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1577 of 2015 APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE I.

TRUE COPY OF THE FIR IN CRIME NO.313/2014 OF PANNIYANKARA PS.

ANNEXURE II.

TRUE COPY OF THE MARRIAGE INVITATION LETTER BETWEEN THE PETITIONER AND 2ND RESPONDENT DATED 15.03.2015. ANNEXURE III.

TRUE COPY OF THE AFFIDAVIT DATED 09.03.2015 OF THE 2ND RESPONDENT.

ANNEXURE IV.

TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 15.3.2015. RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

K. ABRAHAM MATHEW, J.

Crl.M.C. No.1577 of 2015 -------------------------------------------- Dated this the 6th day of July 2015

O R D E R

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

2. The petitioner is accused in Crime No.313 of 2014 of the Panniyankara Police station registered for the offence under Sec.376 of the Indian Penal Code. It is submitted that the matter has been settled and the marriage of the petitioner to the victim has been solemnized. The prayer 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. Annexure-IV copy of the marriage certificate proves solemnization of marriage between the petitioner and the 2nd respondent on 15.03.2015. Having regard to this fact, I think think 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.

Crl.M.C. No.1577 of 2015 2 In the result, this Crl.M.C. is allowed. The proceedings in Crime No.313 of 2014 of the Panniyankara Police station are quashed.

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