Firoz v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 Crl.MC.No. 7418 of 2014 () --------------------------- CC.NO. 318/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO. 601/2009 OF MALAPPURAM POLICE STATION, MALAPPURAM ------------------------- PETITIONERS/ACCUSED 1 TO 4 :
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1. FIROZ, S/O. ABUBACKER (LATE), AGED 34, ALANGADAN HOUSE MUTHUVATHU PARAMBU, HAJIYAR PALLI, PANAKKAD ERANAD TALUK, MALAPPURAM DISTRICT.
2. BABY RIYAS, W/O. ABUBACKER (LATE), AGED 48, ALANGADAN HOUSE MUTHUVATHU PARAMBU, HAJIYAR PALLI, PANAKKAD ERANAD TALUK, MALAPPURAM DISTRICT.
3. FAJAS S/O. ABUBACKER (LATE), AGED 27, ALANGADAN HOUSE MUTHUVATHU PARAMBU, HAJIYAR PALLI, PANAKKAD ERANAD TALUK, MALAPPURAM DISTRICT.
4. FALJEESHA D/O. ABUBACKER (LATE), AGED 28, ALANGADAN HOUSE MUTHUVATHU PARAMBU, HAJIYAR PALLI, PANAKKAD ERANAD TALUK, MALAPPURAM DISTRICT.
5. MUHAMMED SABU S/O. KHALEEL, AGED 35, NEAR E.S.I. HOSPITAL, HAJIYAR PALLI PANAKKAD, ERANAD TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.K.I.SAGEER RESPONDENTS/STATE & COMPLAINANT :
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1. STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE (CRIME NO. 601/2009), MALAPPURAM POLICE STATION MALAPPURAM, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
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Crl.MC.No. 7418 of 2014 () -2-
2. SHAHANAS, D/O. CHERIYA KUNCHI MOHAMMED, AGED 25, HARITHA GARDEN HOUSE THENKARA POST, MANNARKKAD TALUK, PALAKKAD DISTRICT PIN-671114.
R1 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS R2 BY ADV. SRI.K.M.NASARUDHEEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/-
Crl.MC.No. 7418 of 2014 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
------------------------------------------- ANNEXURE A1A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 601/2009 OF MALAPPURAM POLICE STATION DT. 28-02-2010.
ANNEXUREA2A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONERS NO. 2 TO 5 AND THE 2ND RESPONDENT DT. 4-11-2014.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn
B.KEMAL PASHA, J.
================ ======================= Dated this the 2nd day of February, 2015
O R D E R
Petitioners are accused in Crime No.601 of 2009 of the Malappuram Police Station registered for the offence punishable under Sections 406, 323 and 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-A1 Final Report in Crime No.601 of 2009 of the Malappuram Police Station and all further proceedings based on it in C.C.No.318 of 2010 pending before the Judicial First Class Magistrate's Court, Malappuram, 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 read with Section 34 IPC, by demanding more dowry.
4.
Heard learned counsel for the petitioners, the learned
counsel for the defacto complainant, who is the 2nd 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 2nd 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 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-A1 Final Report in Crime No.601 of 2009 of the Malappuram Police Station and all further proceedings based on it, in C.C.No.318/2010 pending before the Judicial First Class Magistrate's Court, Malappuram, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE stu