Muhammed Ismail v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 C.C.NO.1684/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM CRIME NO. 339/2013 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM ---------------- PETITIONER(S)/ACCUSED :

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1. MOHAMMED ISMAIL, AGED 38 YEARS, S/O.LATE T.MAHEENKANNU, RESIDING AT T.C.46/898 (3), NILAVU, MANIKKAVILAKAM, THIRUVANANTHAPURAM - 26.

2. SALMA MAHEEN, AGED 55 YEARS, W/O.LATE T.MAHEENKANNU, RESIDING AT T.C.46/898 (3), NILAVU, MANIKKAVILAKAM, THIRUVANANTHAPURAM - 26.

3. JASMINE, AGED 31 YEARS, W/O.MOHAMMED AKRAM, RESIDING AT T.C.46/787 (1), MASHA ALLAH, MANIKKAVILAKAM, THIRUVANANTHAPURAM - 26.

4. SAMEERA BEEVI.S., AGED 39 YEARS, D/O.SALMA MAHEEN, RESIDING AT T.C.46/898 (3), NILAVU, MANIKKAVILAKAM, THIRUVANANTHAPURAM - 26.

5. SEEMA FAIZAL, AGED 20 YEARS, W/O.FAIZAL SHIHABUDEEN, RESIDING AT T.C.46/898 (3), NILAVU, MANIKKAVILAKAM, THIRUVANANTHAPURAM - 26.

6. JASEENA MAHEEN, AGED 19 YEARS, D/O.SALMA MAHEEN, RESIDING AT T.C.46/898 (3), NILAVU, MANIKKAVILAKAM, THIRUVANANTHAPURAM - 26 BY ADV. SRI.A.ABDUL HAKKIM RESPONDENT(S)/STATE :

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31.

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2. SAMEERA BEEVI, AGED 26 YEARS, D/O.SHIHABUDEEN, RESIDING AT NEW HOUSE, OLD T.C.45/625, PUTHUVAL HOUSE, BEEMAPALLI, VALLAKKADAVU, THIRUVANANTHAPURAM - 695 008.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE I:

CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1684/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II OF THIRUVANANTHAPURAM.

ANNEXURE II:

AFFIDAVIT SWORN BY THE 2ND RESPONDENT BEFORE THE ADVOCATE.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No. 2944 of 2015 ==================== Dated this the 1st day of June, 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 members of his family. The petitioners are accused in C.C. No. 1684 of the 2014 on the file of the Judicial First Class Magistrate-II, Thiruvananthapuram. The petitioners have allegedly committed the offence under section 498A IPC. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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 invoke the jurisdiction of this Court under Section 482 Cr.P.C. to quash the proceedings in the criminal case.

Crl. M.C. No. 2944 of 2015 ::2::

In the result, this Crl. M.C. is allowed. The proceedings in C.C. No. 1684 of the 2014 on the file of the Judicial First Class Magistrate-II, Thiruvananthapuram are quashed. Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge