Abdul Rahim.B.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 3177 of 2015 () --------------------------- CC.NO. 615/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO. 54/2014 OF BEKAL POLICE STATION, KASARAGOD ---------------- PETITIONERS/ACCUSED :
-------------------------------------- ABDUL RAHIM B.K., AGED 30 YEARS S/O.LATE ABBAS HAJI, RIFAHIYA MANZIL, ILYAS NAGAR BEKAL, PALLIKKARA, KASARAGOD DISTRICT.
BY ADV. SRI.P.K.SUBHASH RESPONDENTS/STATE/DEFACTO COMPLAINANT :
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1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031
2. AMEERA K., AGED 21 YEARS D/O.HAMEED AND W/O.ABDUL RAHIMAN B.K., MOOLAKKANDAM HOUSE, AJANUR VILLAGE, AJANUR P.O., NEW RESIDING AT RIFAHIYA MANZIL, ILYAS NAGAR, BEKAL BEKAL PORT P.O., HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.A.ARUNKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 3177 of 2015 () ------------------------------------ APPENDIX PETITIONERS' ANNEXURES :
------------------------------------------- ANNEXURE AI:
A TRUE COPY OF THE FIR IN CRIME NO.54/2014 OF BEKAL POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE AII:
A TRUE COPY OF THE FINAL REPORT.
ANNEXURE AIII:
THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
---------------------- Crl.M.C. No.3177 of 2015 -------------------------------------------- Dated this the 2nd day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. The 1st petitioner and the 2nd respondent are husband and wife. The petitioners are accused in C.C. No.615 of 2014 on the file of the Judicial First Class Magistrate Court-II, Hosdurg. He is alleged to have subjected the 2nd respondent to cruelty and thus committed the offences under Secs.323, 341 and 498A 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 petitioner, 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 quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit cast to invoke the jurisdiction of this Court under Sec.482
Crl.M.C. No.3177 of 2015 2 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.615 of 2014 on the file of the Judicial First Class Magistrate Court-II, Hosdurg are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge