Haneefa.C v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Crl.MC.No. 6491 of 2014 () --------------------------- CC 1159/2013 of J.M.F.C.-II, KANNUR CRIME NO. 108/2011 OF KANNUR CITY POLICE STATION ---------------- PETITIONER(S)/ACCUSED NO.1 TO 3 :- -------------------------------------
1. HANEEFA C, AGED 48 YEARS S/O.HYDRU, CHELLIL HOUSE, PALLIPPADI PONNANI SOUTH (PO), PONNANI, MALAPPURAM DISTRICT.
2. NABEESA C, AGED 68 YEARS W/O.HYDRU, CHELLIL HOUSE, PALLIPPADI PONNANI SOUTH (PO), PONNANI, MALAPPURAM DISTRICT.
3. JAMEELA C, AGED 31 YEARS D/O.HYDRU, CHELLIL HOUSE, PALLIPPADI PONNANI SOUTH (PO), PONNANI, MALAPPURAM DISTRICT. BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT :- -------------------------------------------------
1. STATE OF KERALA REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE KANNUR CITY POLICE STATION, KANNUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 032.
2. SUBAIDA, AGED 41 YEARS D/O.MUHAMMED KUTTY, BAYICHAKKARANTAVIDA FISHERIES COLONY, THAYYIL (PO) KANNUR DISTRICT. PIN-670 003.
R2 BY ADV. SRI.PRATHEESH.P R1 BY PUBLIC PROSECUTOR SRI.R.GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6491 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- ANNEXURE 1- THE CERTIFIED COPY OF THE FIR IN CRIME NO.108/2011 OF KANNUR CITY POLICE STATION.
ANNEXURE 2- THE CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1159 OF 2013 NOW PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR.
ANNEXURE 3- THE TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND RESPONDENT DATED 15.10.2014.
ANNEXURE 4- THE AFFIDAVIT DATED 14.11.2014 EXECUTED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS :- NIL --------------------------------- //TRUE COPY// P.A. TO JUDGE
P.BHAVADASAN, J.
----------------------------- Crl.M.C. No.6491 of 2014 ------------------------------------- Dated this the 30th day of December 2014
O R D E R
On a complaint filed by the 2nd respondent, a crime was registered as Crime No.108 of 2011 by the Kannur City Police for the offence punishable under Sec.498A of IPC. After completion of investigation, final report was laid, cognizance was taken as C.C.No.1159 of 2013 by JFCM Court-II, Kannur. 2.
The petitioners now point out that they have settled all differences and disputes between the 2nd respondent and the 2nd respondent has no further grievance in the matter. In support of the above plea, the petitioners rely on the affidavit said to have been sworn to by the 2nd respondent before this Court.
3.
The 2nd respondent before this Court is represented by her counsel, who accepts that an affidavit has been sworn to by the 2nd respondent and stands by the statements contained therein. In the light of the fact that in the affidavit the de facto complainant has specifically stated that she does not intend to
Crl.M.C. No.6491 of 2014 -: 2 :- proceed with the matter, it would only be a sheer waste of time, if continue the proceedings.
Hence, this petition is allowed.
All further proceedings in C.C.No.1159 of 2013 pending before JFCM CourtII, Kannur including the final report shall stand quashed. Sd/- P.BHAVADASAN, JUDGE.
Jvt