Muneer v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Crl.MC.No. 4000 of 2015 --------------------------------- CC 487/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANANTHAVADY .........
PETITIONER(S)/ACCUSED:
--------------------------------------
1. MUNEER, AGED 28 YEARS, S/O.SOOPY, PUTHENPURA HOUSE, PARIYARAMUKKU, THARUVANA P.O., PORUNNANORE, MANANTHAWADY, WAYANAD
2. SOOPY HAJI @ SOOPY, AGED 76 YEARS, S/O.AHAMMED, PUTHENPURA HOUSE, PARIYARAMUKKU, THARUVANA P.O., PORUNNANORE, MANANTHAWADY, WAYANAD.
3. BIYYATHU, AGED 70 YEARS, W/O.SOOPY, PUTHENPURA HOUSE, PARIYARAMUKKU, THARUVANA P.O., PORUNNANORE, MANANTHAWADY, WAYANAD.
4. JAMEELA, AGED 45 YEARS, W/O.MAJEED, MUTHIRA HOUSE, PEECHANGODE, THARUVANA P.O., WAYANADU.
5. MUHAMMED, AGED 53 YEARS, S/O.SOOPY, PUTHENPURA HOUSE, PARIYARAMUKKU, THARUVANA P.O., PORUNNANORE, MANANTHAWADY, WAYANAD.
BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S)/COMPLAINANT:
-----------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. ASMILA, AGED 21 YEARS, D/O.AHAMMED, ARAKKA HOUSE, PORUMMANNUR, THARUVANA P.O., MANANTHAWADY, WAYANADU DISTRICT, PIN 670 645.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.TOLY VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 4000 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A-THE CERTIFIED COPY OF FINAL REPORT REGISTERED AS CC NO 487/2014 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANANTHAWADY.
ANNEXURE B:-THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DTD 2/5/2015. RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
K. ABRAHAM MATHEW, J.
==================== Crl. M.C.No. 4000 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015
O R D E R
Petition filed under Section 482 Cr.P.C.
2. The first petitioner and the second respondent were husband and wife. The other petitioners are his parents-in-law and close relatives. The petitioners are accused in Crime No.131 of 2014 of Vellamunda Police Station. They are alleged to have subjected the second respondent to cruelty and outraged her modesty and thus committed the offences under Sections 498A, 354 and 354(A)(B) 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 petitioners 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.4000 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 Crime No.131 of 2014 of Vellamunda Police Station are quashed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge