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High Court of KeralaCrl.MC/7411/2014allowed

Shafi Putukkudi v. Fathima Zuhara

2015-01-124 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 Crl.MC.No. 7411 of 2014 () --------------------------- CC.NO. 485/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM --------------------- PETITIONERS/ACCUSED :

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1. SHAFI PUTHUKKUDI S/O. KOYA, PUTHUKKUDI HOUSE, VAYANASALA POST EDAYUR, MAVANDIYOOR, VALANCHERY MALAPPURAM DISTRICT.

2. KOYA PUTUKKUDI, S/O. MAMMU, PUTHUKKUDI HOUSE, VAYANASALA POST EDAYUR, MAVANDIYOOR, VALANCHERY MALAPPURAM DISTRICT.

3. THITHIKUTTY, W/O. KOYA, PUTHUKKUDI HOUSE, VAYANASALA POST EDAYUR, MAVANDIYOOR, VALANCHERY MALAPPURAM DISTRICT.

BY ADV. SRI.P.M.RAFIQ RESPONDENTS/DEFACTO COMPLAINANT & STATE :

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1. FATHIMA ZUHARA D/O. KUNHIMUHAMMED, PILAKKAL HOUSE, CHENGOTTUR POST VIA. KOTTAKKAL, MALAPPURAM DISTRICT-676503.

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

R1 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) R2 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 7411 of 2014 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 485/12 OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM. ANNEXURE B. TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT/ DEFACTO COMPLAINANT INFORMING THE FACTUM OF SETTLEMENT. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn

K.ABRAHAM MATHEW, J.

= = = = = = = = = = = = Crl.M.C.No.7411 of 2014.

= = = = = = = = = = = = Dated this the 12th day of January, 2015.

O R D E R The petitioners are the accused in CC.No.485/2012 on the file of the Judicial Magistrate of the First Class, Malappuram. The first petitioner is the husband of the first respondent and petitioners 2 and 3 are his parents. The allegation was that the petitioners subjected the first respondent to cruelty and misappropriated her properties. It is submitted that the matter has been settled between the parties and the proceedings may be quashed.

2.

Heard the learned counsel for the petitioners and the first respondent and the learned Public Prosecutor. The first respondent has entered appearance through the counsel and filed an affidavit to the effect that the matter has been settled between the parties and she has no objection to the proceedings in the criminal case being quashed. Having regard to the nature of the case I am

Crl.M.C.No.7411/2014.

satisfied that this is a fit case to invoke the jurisdiction of this Court under Section 482 Cr.PC.

3.

In the result, this petition is allowed. The proceedings in CC.No.485/2012 on the file of the Judicial Magistrate of the First Class, Malappuram are quashed. Sd/- K.ABRAHAM MATHEW, (Judge) Kvs/- // true copy //