Jafar v. Bushara

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 1782 of 2015 --------------------------- CC 787/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR. CRIME NO. 47/2013 OF KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT. ...............

PETITIONER(S)/ACCUSED:

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1. JAFAR, S/O. ABDURAHIMAN, AGED 28 YEARS,

2. ABDURAHMAN, S/O. BAPUTTY, AGED 52 YEARS,

3. KADHEEJA, W/O. ABDURAHMAN, ALL ARE RESIDING AT VELLIYATH HOUSE, PONMUNDAM P.O., ILLIKKAL, MALAPPURAM DISTRICT.

BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/DE-FACTO COMPLAINANT AND STATE: ---------------------------------------------------------------------------------

1. BUSHARA, AGED 25 YEARS, D/O. ABDURAHIMAN, KUTTAMPALLI HOUSE, IRINGAVOOR P.O - 676 325, TIRUR TALUK, MALAPPURAM DISTRICT.

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

R1 BY ADV. SRI.K.C.ANTONY MATHEW R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 1782 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE A1 - TRUE COPY F.I.R AND CHARGE SHEET IN CRIME NO. 47/2013 OF KALPAKANCHERI POLICE STATION.

ANNEXURE A2 - TRUE COPY OF THE AGREEMENT DATED 02.3.2015 ENTERED BETWEEN THE 1ST PETITIONER AND 1ST RESPONDENT. ANNEXURE A3 - THE AFFIDAVIT DATED 02.3.15 SWORN IN BY THE 1ST RESPONDENT.

RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.1782 of 2015 -------------------------------------------- Dated this the 9th day of June 2015

O R D E R

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

2. The 1st petitioner is the husband of the 1st respondent. The other petitioners are his parents. The petitioners are accused in C.C. No.787 of 2013 on the file of the Judicial First Class Magistrate Court, Tirur. They are charged with having committed the offence under Sec.498A read with Sec.34 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 petitioners and for the 1st respondent and the learned Public Prosecutor.

4. The 1st 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.1782 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.787 of 2013 on the file of the Judicial First Class Magistrate Court, Tirur are quashed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge