Subair 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 Crl.MC.No. 3160 of 2015 ----------------------------------- C.C.NO.1176/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PERAMBRA CRIME NO. 913/2014 OF PERAMBRA POLICE STATION , KOZHIKODE ----------------- PETITIONER(S)/ACCUSED :

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1. SUBAIR, AGED 26 YEARS, S/O.AMMED, KOTTAKUNNUMMAL HOUSE, CHANGARAMVALLY, MEPPAYUR.

2. KHADEEJA, AGED 42 YEARS, W/O.AMMED, KOTTAKUNNUMMAL HOUSE, CHANGARAMVALLY, MEPPAYUR.

3. AMMED, AGED 50 YEARS, S/O.MOIDEEN, KOTTAKUNNUMMAL HOUSE, CHANGARAMVALLY, MEPPAYUR.

BY ADV. SMT.K.DEEPA (PAYYANUR) RESPONDENT(S) :

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

2. SURIYYA, AGED 22 YEARS, D/O.MOOSA. EDATHIKANDIMEETHAL HOUSE, KAVUNTHARA AMSOM, KAVIL DESOM, NADUVANNUR, KOYILANDY TALUK.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SMT.CELINE JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 3160 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE I :

TRUE COPY OF THE FIR IN CRIME NO.913/2014 OF THE PERAMBRA POLICE STATION, KOZHIKODE.

ANNEXURE II :

TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER AND THE DE-FACTO COMPLAINANT/2ND RESPONDENT.

ANNEXURE III :

TRUE COPY OF THE FINAL REPORT OF CRIME NO.913/2014 OF THE PERAMBRA POLICE STATION, KOZHIKODE.

ANNEXURE IV :

AFFIDAVIT FILED BY THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No. 3160 of 2015 ==================== Dated this the 1st day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2. The first petitioner and the second respondent are husband and wife. The other petitioners are his parents. The petitioners are accused in C.C. No. 1176 of 2014 on the file of the Judicial First Class Magistrate, Perambra. They are alleged to have subjected the second respondent to cruelty and misappropriated her properties and thus committed the offences under section 498A and 406 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 under Section 482 Cr.P.C. to quash the proceedings in the criminal case.

Crl. M.C. No. 3160 of 2015 ::2::

In the result, this Crl. M.C. is allowed. The proceedings in C.C. No. 1176 of 2014 on the file of the Judicial First Class Magistrate, Perambra are quashed. Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge P.A. T