Abdul Saleem v. The 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 Crl.MC.No. 2949 of 2015 ---------------------------------- CC 826/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM CRIME NO. 165/2005 OF KUNNAMANGALAM POLICE STATION , KOZHIKODE ---------------- PETITIONER(S)/ACCUSED:
------------------------------------- ABDUL SALEEM, AGED 37 YEARS, S/O.ABOOBACKER, ERANGHIKOTH VEEDU, THALAPERUMANNA AMSOM, ERANGHOKOTH.
BY ADV. SRI.S.KANNAN RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SAIFUNNISA, AGED 30 YEARS, D/O.HAMZA, ARIYIL HOUSE, MADAVOOR AMSOM DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 2949 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE A1: A TRUE COPY OF THE FINAL REPORT NO.100 OF 2005 OF KUNNAMANGALAM POLICE STATION ANNEXURE A2: TRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT IN CRIME NO.165/2005 OF KUNNAMANGLAM POLICE STATION KOZHIKODE, NOW LEADING TO CC NO.826/2012 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM.
RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
K. ABRAHAM MATHEW, J.
==================== Crl. M.C. No. 2949 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 petitioner is the accused in C.C. No. 826 of the 2012 on the file of the Judici al First Class Magistrate, Kunnamangalam. He is charged with having committed the offences under sections 406 and 498A IPC. 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 petitioner 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
Crl. M.C. No. 2949 of 2015 ::2::
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. 826 of the 2012 on the file of the Judicial First Class Magistrate, Kunnamangalam are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge P.A. To Judge