Muhammed Muneer A.V v. Fareeda P.P
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936` Crl.MC.No. 6995 of 2014 --------------------------------- CRIME NO. 990/2014 OF MAYYIL POLICE STATION, KANNUR ......
PETITIONER(S)/ACCUSED:
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1. MUHAMMED MUNEER A.V., AGED 37 YEARS, S/O. SOOPPI MAMMU, AROLI VEETTIL, P.O. AROLI, PAPPINISSERI, KANNUR DISTRICT.
2. JAMEELA A.V., W/O SOOPPI MAMMU, AROLI VEETTIL, P.O. AROLI, PAPPINISSERI, KANNUR DISTRICT.
3. SHAMEELA A.V., W/O MUHAMMED KUNHI, AROLI VEETTIL, P.O. AROLI, PAPPINISSERI, KANNUR DISTRICT.
4. MOIDU A.V., S/O SOOPPI MAMMU, AROLI VEETTIL, P.O. AROLI, PAPPINISSERI, KANNUR DISTRICT.
BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/DEFACTO COMPLAINANT/STATE:
------------------------------------------------------------------------- FAREEDA P.P., AGED 24 YEARS, D/O. MUHAMMED, PUTHENPEEDIKAYIL HOUSE, P.O. CHELERI, NOONHERI, KANNUR DISTRICT - 670 604.
R1 BY ADV. SRI.K.PRAVEEN KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 6995 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE I: TRUE COPY OF THE COMPLAINT BEFORE THE JFCM COURT II, KANNUR SUBMITTED BY THE IST RESPONDENT.
ANNEXURE II: TRUE COPY OF THE F.I.R. IN CRIME NO.990/2014 OF MAYYIL POLICE STATION.
ANNEXURE III: TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE IST RESPONDENT. RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B.KEMAL PASHA, J.
................................................................ CRL. M.C. No.6995 of 2014 ............................................................... Dated this the 3rd day of February, 2015
O R D E R
Petitioners are A1 to A4 in Crime No.990/14 of the Mayyil Police Station, registered for the offences punishable under Sections 498A read with Section 34 of the Indian Penal Code.
2.
Petitioners have come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure-II FIR in Crime No No.990/14 of the Mayyil Police Station, and all further proceedings based on it, quashed.
3.
The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner, and treated her with cruelty within the meaning of Section 498A IPC, by demanding
CRL.M.C.Nos.6995 of 2014 -: 2 :- more dowry.
4.
Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 1st respondent herein, and the learned Public Prosecutor. 5.
According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed.
6.
The defacto complainant, who is the 1st respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioners have been amicably settled and, therefore, she has no complaints against the petitioners, and, hence, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact
CRL.M.C.Nos.6995 of 2014 -: 3 :- that the affidavit has been sworn in by the defacto complainant on her own volition.
7.
When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioners, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-II FIR in Crime No No.990/14 of the Mayyil Police Station, and all further proceedings based on it, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge