Sidhique v. State Of Kerala

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. 2399 of 2015 () --------------------------- CRIME NO.780/2014 OF PAZHAYANNUR POLICE STATION CC.NO.2434/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY ----------- PETITIONER(S)/ACCUSED 1 TO 6:

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1. SIDHIQUE, S/O.ALI AHAMMED, AGED 32 YEARS, PALATTUPARAMBIL HOUSE, P.O.VENNUR, PARUTHIPPARA, ELANADU, PAZHAYANNUR.

2. AISHA, W/O.ABOOBACKER, AGED 35 YEARS, VATTAPPARAMBIL HOUSE, P.O.CHELAKKARA, KALAPPARA, THRISSUR DISTRICT.

3. KHADEEJA, W/O.ALI AHAMMED,AGED 65 YEARS, PALATTUPARAMBIL HOUSE, P.O.VENNUR, PARUTHIPPARA, ELANADU, PAZHAYANNUR.

4. YUSUF, S/O.ALI AHAMMED,AGED 30 YEARS, PALATTUPARAMBIL HOUSE, P.O.VENNUR, PARUTHIPPARA, ELANADU, PAZHAYANNUR.

5. ISMAIL, S/O.ALI AHAMMED,AGED 40 YEARS, PALATTUPARAMBIL HOUSE, P.O.VENNUR, PARUTHIPPARA, ELANADU, PAZHAYANNUR.

6. ALI, S/O.ALI AHAMMED,AGED 37 YEARS, PALATTUPARAMBIL HOUSE, P.O.VENNUR, PARUTHIPPARA, ELANADU, PAZHAYANNUR.

BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT(S)/COMPLAINANT AND DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2/-

-2CRMC.NO.2399/2015

2. JASEENA, D/O.JAMEES,W/O.SIDHIQUE, AGED 23 YEARS, KEEZHACHIRA HOUSE, P.O.MANNUTHY, THOTTAPPADY, OLLUKKARA VILLAGE, MULLAKKARA DESOM, THRISSUR TALUK-680 651.

R1 BY PUBLIC PROSECUTOR SMT. R.REMA R2 BY ADV.SRI.BENNY VARGHESE (THETTAYIL) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRMC.NO.2399/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 COPY OF THE FIR DATED 15/6/14 IN CRIME NO.780/14 OF PAZHAYANNUR POLICE STATION ANNEX A2 COPY OF THE FINAL REPORT IN CRIME NO.780/14 OF PAZHAYANNUR POLICE STATION ANNEX A3 COPY OF THE AFFIDAVIT DATED 27/3/2015 OF 2ND RESPONDENT. RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.A.TO JUDGE

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.2399 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 2nd respondent. The other petitioners are his parents and close relatives. The petitioners are accused in C.C. No.2434 of 2014 on the file of the Judicial First Class Magistrate Court, Wadakkanchery. They are charged with having committed the offences under Secs.294(b), 323, 406, 498A, 506(ii) 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 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

Crl.M.C. No.2399 of 2015 2 quashed. I am satisfied that the allegation is true. No 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.2434 of 2014 on the file of the Judicial First Class Magistrate Court, Wadakkanchery are quashed.

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