Naushad.N.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 Crl.MC.No. 4230 of 2015 ------------------------------------- CRIME NO. 730/2015 OF KUTHUPARAMBA POLICE STATION , KANNUR DISTRICT ------------------ PETITIONER(S)/ACCUSED :

----------------------------------------- NAUSHAD.N.K., AGED 44 YEARS, S/O.MAMMOO, 'JANNA', KANDAMKUNNU AMSON, AYITHARA MAMBARAM DESOM, AYITHARA MAMBARAM P.O., THALASSERY, KANNUR DISTRICT.

BY ADVS.SRI.S.ABHILASH SRI.A.MUHAMMED RAFFI RESPONDENT(S)/DE-FACTO COMPLAINANT & STATE :

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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA- 682 031.

2. FOUSIYA C.H., AGED 45 YEARS, W/O.T.P.AYYOOB, "AFSIGHAR HOUSE", PATHIRIYAD AMSOM, POYANAD DESOM, MAMBARAM P.O., PINARAYI, THALASSERY TALUK, KANNUR DISTRICT- 670 741.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.K.SIJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 4230 of 2015 ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE 1:

TRUE COPY OF F.I.R WITH F.I.S IN CRIME NO.730/2015 OF KUTHUPARAMBA POLICE STATION.

ANNEXURE 2:

THE COPY OF AFFIDAVIT REGARDING SETTLEMENT SWORN BY THE DE-FACTO COMPLAINANT DATED 29.05.2015.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.4230 of 2015 -------------------------------------------- Dated this the 9th day of July 2015

O R D E R

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

2. Petitioner is the accused in Crime No.730 of 2015 of Kuthuparamba Police station registered for the offences under Secs.323, 341, 448 and 506(i) 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 petitioner and for the 2nd respondent and the learned Public Prosecutor.

4. Perused the affidavit filed by the 2nd respondent. She is the sister-in-law of the petitioner. I am satisfied that the matter has been settled and 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.

Crl.M.C. No.4230 of 2015 2 In the result, this Crl.M.C. is allowed. The proceedings in Crime No.730 of 2015 of Kuthuparamba Police station are quashed.

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