Sidik v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Crl.MC.No. 2794 of 2015 --------------------------------- CC 340/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY ........

PETITIONER(S)/ACCUSED 1 TO 3:

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1. SIDIK ALI, AGED 33 YEARS, S/O.ALI, ANATTIL HOUSE, KONDOTTY, CHOWARA P.O., PIN - 683 571.

2. ALI A.A., AGED 58 YEARS, S/O.ABDUL REHMAN, ANATTIL HOUSE, KONDOTTY, CHOWARA P.O., PIN - 683 571.

3. SUHARA, AGED 56 YEARS, W/O.ALI A.A., ANATTIL HOUSE, KONDOTTY, CHOWARA P.O., PIN - 683 571.

BY ADV. SRI.NAVEEN THOMAS RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEDUMBASERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2. NAJIYA, AGED 28 YEARS, D/O.ABDUL JABBAR, VELAMKUDY HOUSE, MARABILLY P.O., ALUVA, PIN 6831 05.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.KARTHIK S. ACHARYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 2794 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE AI: CERTIFIED COPY OF THE CHARGE IN CC.NO.340 OF 2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY. RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.2794 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

First petitioner is the husband of the second respondent. The other petitioners are his parents. They are accused in C.C.No.340/2014 on the file of the Judicial First Class Magistrate Court, Angamaly. They are alleged to have subjected the second respondent to cruelty and thus committed the offences under Sections 498(A) 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 second respondent and the learned Public Prosecutor.

4.

The second 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 public interest is involved in this case. This is a fit case to

CRL.M.C.No.2724 OF 2015 invoke the jurisdiction of this court under Section 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.340/2014 on the file of the Judicial First Class Magistrate Court, Angamaly are quashed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge