Monangatt Sameera v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, Crl.MC.No. 7551 of 2015 ------------------------ IN CC 679/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 759/2012 OF PERINGOME POLICE STATION , KANNUR PETITIONERS/ACCUSED AND COMPLAINANT:
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1. MONANGATT SAMEERA, AGED 31 YEARS, D/O.C.P.ALI, VAYAKKARA AMSOM, THATTUMMAL DESOM, KANNUR DISTRICT.
2. KALLOTH PURAYIL HASSAN, AGED 43 YEARS, S/O.ISMAIL, MALAPPATAM AMSOM, KOLANTHA DESOM, KANNUR DISTRICT.
BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENTS/DE FACTO COMPLAINANTS:
--------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031.
BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7551 of 2015 ---------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-I: COPY OF THE FINAL REPORT IN CRIME NO.759/2012 OF PERINGOME POLICE STATION.
ANNEXURE-II: COPY OF AFFIDAVIT OF IST PETITIONER ANNEXURE-III: COPY OF THE AGREEMENT BETWEEN PARTIES RESPONDENT'S ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7551 of 2015 --------------------------------------- Dated this the 2nd day of December, 2015
O R D E R
The defacto complainant and the accused in C.C No.679/2013 of the Judicial First Class Magistrate Court, Payyannur seek orders under Section 482 of the Code of Criminal Procedure, quashing the said prosecution on the ground of amicable settlement of the whole dispute between them out of court. The first petitioner herein is the defacto complainant and the second petitioner is the accused. The victim has filed an affidavit to the effect that the whole dispute stands settled out of court, and that she has no grievance or complaint now. Her affidavit also shows that the marriage stands dissolved in terms of the settlement, and that she has re-married. All her claims stand satisfied under the law. In such a situation it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the second petitioner herein in C.C No.679/2013 of the Judicial First Class Magistrate Court, Payyannur will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P.UBAID JUDGE //True Copy// ab P.A to Judge