Azeez v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Crl.MC.No. 3817 of 2015 () --------------------------- CC NO. 548/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR CRIME NO. 146/2011 OF CHERPU POLICE STATION, CHERPU, THRISSUR -------------------- PETITIONERS/ACCUSED 1 TO 2 :

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AZEEZ AGED 41, S/O. VEERAN PUTHIYA VEETTIL, KURUMBILAVU VILLAGE THRISSUR.

2.

SAINABA AGED 74, W/O. VEERAN PUTHIYA VEETTIL, KURUMBILAVU VILLAGE THRISSUR.

3.

LAILA AGED 49, D/O. VEERAN PUTHIYA VEETTIL, KURUMBILAVU VILLAGE THRISSUR.

4.

SHAJEENA AGED 31, D/O. VEERAN PUTHIYA VEETTIL, KURUMBILAVU VILLAGE THRISSUR.

BY ADV. SRI.K.I.SAGEER RESPONDENTS/STATE & COMPLAINANT :

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STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE (CRIME NO. 146/2011, CHERPU POLICE STATION, CHERPU REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682 031.

2.

FATHIMA, AGED 37, D/O. ABDUL KHADER CHALINAD SIVANADA, KAIPPAMANGALAM THRISSUR, PIN - 680 664.

R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.K.M.NASARUDHEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 3817 of 2015 () APPENDIX PETITIONERS' ANNEXURES :

ANNEXURE A1 : COPY OF THE FINAL REPORT IN CRIME NO.146/2011 OF CHERPU POLICE STATION DT. 18.4.2011.

ANNEXURE A2 COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONERS AND THE 2ND RESPONDENT DT. 9.6.2015. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

---------------------------- Crl.M.C. No.3817 of 2015 -------------------------------------------- Dated this the 24th 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 other petitioners are his mother and sisters. The petitioners are accused in C.C. No.548 of 2011 on the file of the Judicial First Class Magistrate Court-I, Thrissur. They are alleged to have subjected the 2nd respondent to cruelty and thus committed the offences under Secs.498A read with Sec.34 of the 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 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

Crl.M.C. No.3817 of 2015 2 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 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 C.C. No.548 of 2011 on the file of the Judicial First Class Magistrate Court-I, Thrissur are quashed.

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