Muhammed Sahid v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Crl.MC.No. 4099 of 2015 () --------------------------- CC.NO. 100/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANOOR CRIME NO. 1595/2014 OF ETTUMANOOR POLICE STATION, KOTTAYAM -------------------- PETITIONERS/ACCUSED 1 TO 3 :
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1. MUHAMMED SAHID, S/O. N.K.ABDUL ASSIS, NEDUVELI PEEDIKAYIL HOUSE ATHIRAMPUZHA KARA, ETTUMANOOR VILLAGE, KOTTAYAM.
2. N.K.ABDUL ASSIS, NEDUVELI PEEDIKAYIL HOUSE, ATHIRAMPUZHA KARA ETTUMANOOR VILLAGE, KOTTAYAM.
3. SUHARA BEEVI, W/O. N.K.ABDUL ASSIS, NEDUVELI PEEDIKAYIL HOUSE ATHIRAMPUZHA KARA, ETTUMANOOR VILLAGE, KOTTAYAM. BY ADV. SRI.K.SURESH RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. RESHMA SAHID, D/O. ABDUL HAMEED, METTUPURAM HOUSE NEAR TAHORE LIBRARY, VEROOR MURI, CHETTIPUZHA VILLAGE, CHANGANACHERRY TALUK, PIN CODE-686106.
R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.S.JIJI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 4099 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
-------------------------------------------- ANNEXURE A1TRUE COPY OF THE FINAL REPORT.
ANNEXURE A2AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
--------------------------- Crl.M.C. No.4099 of 2015 -------------------------------------------- Dated this the 6th day of July 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 parents. The petitioners are the accused in C.C. No.100 of 2015 on the file of the Judicial First Class Magistrate Court, Ettumanoor. They are alleged to have subjected the 2nd respondent to cruelty and assaulted her and thus committed the offences under Secs.498A, 377 and 323 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 2nd respondent and the learned Public Prosecutor.
4. The 2nd respondent has filed an affidavit to the effect that the dispute between the parties has been settled and she has no objection to the proceedings in the
Crl.M.C. No.4099 of 2015 2 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 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.100 of 2015 on the file of the Judicial First Class Magistrate Court, Ettumanoor are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE /True Copy / NS P.A. To Judge