Shameer v. Sofia

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Crl.MC.No. 3543 of 2015 --------------------------------- CRIME NO. 8/2015 OF ANCHALUMMOODU POLICE STATION, KOLLAM .......

PETITIONER(S)/ACCUSED NO.1 TO 3:

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SHAMEER, AGED 26 YEARS, S/O.HUSSAIN, NOW RESIDING AT SOUBA MANZIL, UMAYANALLOOR P.O., KOLLAM DISTRICT - 691 007. 2.

HUSSAIN, AGED 48 YEARS, S/O.HYDROSE KUNJU, NOW RESIDING AT SOUBA MANZIL, UMAYANALLOOR P.O., KOLLAM DISTRICT - 691 007.

3.

SAINABA BEEVI, AGED 42 YEARS, W/O.HUSSAIN, NOW RESIDING AT SOUBA MANZIL, UMAYANALLOOR P.O. - 691 007.

BY ADV. SRI.V.A.AJIVAS RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- 1.

SOFIA, AGED 24 YEARS, D/O.LAILA BEEVI, RESIDING AT NALLATHARA THEKKETHIL, VILAKKUKALLUVILA VEEDU, NEAR GHSS ASTAMUDI, THRIKKARUVA, KOLLAM DISTRICT.

2.

STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SMT.M.MANJU (KADAKKAL) R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 3543 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A: CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.08/2015 OF ANCHALUMMOOD POLICE STATION, KOLLAM DISTRICT.

ANNEXURE B: TRUE COPY OF AFFIDAVIT SWORN BY THE 1ST RESPONDENT. RESPONDENT(S)' ANNEXURES:

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

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.3543 of 2015 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. The 1st petitioner is the husband of the 1st respondent. The other petitioners are his parents. The petitioners are accused in Crime No.8 of 2015 of Anchalummood Police station. They are alleged to have subjected the 1st respondent to cruelty and thus committed the offence under Sec.498A read with Sec.34 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 1st respondent and the learned Public Prosecutor.

4. The 1st 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.3543 of 2015 2 invoke the jurisdiction of this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case. In the result, this Crl.M.C. is allowed. The proceedings in Crime No.8 of 2015 of Anchalummood Police station are quashed.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge