Mohammed Rafi 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.4243 of 2015 --------------------------------- CC NO.83/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT(TEMPORARY), SASTHAMCOTTA.

CRIME NO.722/2010 OF SOORANADU POLICE STATION,KOLLAM. ..

PETITIONER'S/ACCUSED:

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

MOHAMMED RAFI,AGED 40 YEARS, S/O.HABEEBBULLA,THAIKUZHIYIL HOUSE, MULAKUZHA VILLAGE,CHENGANUR TALUK.

2.

LAILA BHEEVI,AGED 60 YEARS,W/O.HABEEBBULLA, THAIKUZHIYIL HOUSE,MULAKUZHA VILLAGE, CHENGANUR TALUK.

3.

RASHEED,AGED 31 YEARS,S/O.HABEEBBULLA, THAIKUZHIYIL HOUSE,MULAKUZHA VILLAGE, CHENGANUR TALUK.

4.

RAFEEQUE,AGED 37 YEARS,S/O.HABEEBBULLA, THAIKUZHIYIL HOUSE,MULAKUZHA VILLAGE, CHENGANUR TALUK.

BY ADV.SMT.ASHA ELIZABETH MATHEW RESPONDENT'S:

1.

STATE OF KERALA,REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

2.

NISSAMOL.T,AGED 30 YEARS,W/O.MOHAMMED RAFI, CHOVANTTAYYATHU HOUSE,PALLIMURI, AMBALATHUMBHAGOM P.O.,PORUVAZHI VILLAGE, KUNNATHOOR TALUK,NOW RESIDING AT THAIKUZHIYIL HOUSE,MULAKUZHA VILLAGE, CHENGANUR-680006.

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

pk

Crl.MC.No.4243 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1:CERTIFIED COPY OF THE FIR IN CRIME NO.722/2010 OF SHOORANADU POLICE STATION.

ANNEXURE A2:CERTIFIED COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.722/2010 OF SASTHAMCOTTA POLICE STATION.

ANNEXURE A3:AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES:

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

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.4243 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

First petitioner is the husband of the second respondent. The other petitioners are his mother and brothers. The petitioners are accused in CC.No.83/2015 on the file of the Judicial First Class Magistrate Court, Sasthamcotta. They are charged with having committed the offences under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted that the matter has been settled. The prayer is to quash the proceedings in the criminal case. 3.

Heard the learned counsel for the petitioners and the second respondent and the learned Public Prosecutor.

4.

I have perused the affidavit filed by the second respondent. I am satisfied that the matter has been settled and no public interest is involved in this case.

CRL.M.C.No.4243 of 2015 In the result, this Crl.M.C. is allowed. The proceedings in C.C.No.83/2015 on the file of the Judicial First Class Magistrate Court, Sasthamcotta are quashed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge