Kerala High Court
Suhail vs The State Of Kerala on 27 July, 2017
Author: B.Kemal Pasha
Bench: P.Ubaid, B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 18TH DAY OF JANUARY 2018 / 28TH POUSHA, 1939
Crl.MC.No. 315 of 2018
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CMP 6071/2017 of J.M.F.C.-I, PARAPPANANGADI
DATED 27-07-2017
CRIME NO. 5/2017 OF PARAPPANANGADI EXCISE RANGE OFFICE, MALAPPURAM
PETITIONER/PETITIONER :-
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SUHAIL, S/O. SIDHIQUE,
PADIKKATHODIKA HOUSE,
VENGARA VILLAGE, VALYORA DESOM,
THIRURANGADI, MALAPPURAM DISTRICT.
BY ADV.SRI.R.RANJITH (MANJERI)
RESPONDENT/STATE :-
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THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI-682031-THROUGH THE EXCISE
INSPECTOR, PARAPPANANGADI,
MALAPPURAM DISTRICT.
R BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 315 of 2018 ()
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APPENDIX
PETITIONER(S)' EXHIBITS :-
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ANNEXURE A TRUE COPY OF THE ORDER IN C. M. P. NO. 6071/2017 OF
JFCM-I, PARAPPANANGADI, DATED 27.7.2017.
ANNEXURE B TRUE COPY OF THE PETITION FILED BY THE PETITIONER
JFCM-I, PARAPPANANGADI, DATED 18.7.2017.
RESPONDENT'S EXHIBITS :- NIL
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//TRUE COPY//
P.A. TO JUDGE
rkj
B.KEMAL PASHA, J.
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Crl.M.C.No.1092 of 2017
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Dated this the 16th day of January, 2018
O R D E R
Petitioner is the accused in C.C.No.773 of 2014 of the Judicial First Class Magistrate's Court, Ponnani, which has arisen from Crime No.496 of 2014 of the Ponnani Police Station, registered for the offence punishable under Section 17 of the Kerala Money Lenders Act, 1958.
2. It seems that the matter has been amicably settled between the parties.
3. On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. It has been reported that no criminal antecedents have been reported against the petitioner. The defacto complainant and the other affected persons have filed Annexure-C to Annexure-E affidavits affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner. Considering the fact that the matter has already been settled Crl.M.C.No.1092 of 2017 2 amicably between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-A First Information Report, Annexure-B Final Report and all further proceedings in C.C.No.773 of 2014 of the Judicial First Class Magistrate's Court, Ponnani, which has arisen from Crime No.496 of 2014 of the Ponnani Police Station, as against the petitioner, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A First Information Report, Annexure-B Final Report and all further proceedings in C.C.No.773 of 2014 of the Judicial First Class Magistrate's Court, Ponnani, which has arisen from Crime No.496 of 2014 of the Ponnani Police Station, as against the petitioner, are hereby quashed.
B.KEMAL PASHA JUDGE DSV/17/1/18 (Rupees Seventy Five Thousand only) with one solvent surety.
In the result, this petition is allowed. The impugned condition No.1 imposed by the court below as per the order dated 27.07.2017 in CMP No.6071 of 2017 will stand modified to the effect that instead of producing bank guarantee or cash security, the petitioner shall execute a bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety.
Sd/-
P.UBAID, JUDGE rkj //TRUE COPY// P.A. TO JUDGE IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939 Crl.MC.No. 1951 of 2016
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CC 47/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA
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PETITIONER/ACCUSED
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SASIDHARA KURUP, S/O RAGHAVAN NAIR,AGED 59, AMBADY HOUSE, ERAMALLOOR VILLAGE AND POST, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688537. BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN RESPONDENT(S)/STATE AND COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. RAJEEV, S/O GOVINDANKUTY MENON,AGED ABOUT 47, MEKKARA HOUSE,AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688534.
R1 BY PUBLIC PROSECUTOR SRI AMJAD ALI R2 BY ADV. SRI.JOHN JUDE ISSAC THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V. Crl.MC.No. 1951 of 2016 ()
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APPENDIX PETITIONER(S)' ANNEXURES
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ANNEXURE I: TRUE COPY OF THE PETITION DATED 25.9.2013 IN O.P.NO.1120/2013 FILED BY THE 2ND RESPONDENT BEFORE THE FAMILY COURT, ALAPPUZHA. ANNEXURE II: TRUE COPY OF THE COUNTER AFFIDAVIT DATED 30.7.2014 FILED BY THE PETITIONER IN ANNEXURE I. ANNEXURE III: TRUE COPY OF THE JUDGMENT DATED 5.1.2016 IN ANNEXURE I. ANNEXURE IV: TRUE COPY OF THE JUDGMENT DATED 1.9.2015 IN O.P.NO.1182/2013 OF THE FAMILY COURT, ALAPPUZHA.
ANNEXURE V: TRUE COPY OF THE COMPLAINT DATED 10.11.2014 LODGED BY THE PETITIONER AS C.C.NO.47/2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, CHERTHALA.
RESPONDENTS ANNEXURES: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
B.KEMAL PASHA, J.
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Crl.M.C.No.1951 of 2016
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Dated this the 15th day of January, 2018 O R D E R Petitioner is the accused in C.C.No.47 of 2016 of the Judicial First Class Magistrate's Court-II, Cherthala, for the offence under Sections 497 IPC. The case before the court below is as a result of Annexure-V private complaint filed before the court below on 10.11.2014. The 2nd respondent herein is the complainant. The petitioner is none other than the Uncle of the divorced wife of the 2nd respondent.
2. The wife of the 2nd respondent had filed O.P.No.1183 of 2013 before the Family Court, Alappuzha under Section 13 of the Hindu Marriage Act, seeking divorce and return of gold ornaments. O.P.No.1183 of 2013 was allowed in favour of the wife of the 2nd respondent, vide judgment dated 01.09.2015. On going through the matter, it has come out that the 2nd respondent and his divorced wife were in loggerheads and a series of litigations were there in between them. With the very same allegations as contained in Annexure-V private Crl.M.C.No.1951 of 2016 2 complaint, the 2nd respondent had preferred Annexure-I petition before the Family Court, Alappuzha, seeking a divorce. Thereafter, the 2nd respondent did not turned up before the said court and consequently, the said OP was dismissed through Annexure-III.
3. According to the 2nd respondent, on 15.09.2013, he could see the sexual act between the petitioner and the wife of the 2nd respondent.
4. The learned counsel for the petitioner has invited the attention of this Court to the decision in Sowmithri Vishnu v. Union of India and another [AIR 1985 SC 1618], wherein, the following observations were made by the Apex Court in paragraph 13:
"13. There was general agreement before us that since the petitioner's husband has already obtained divorce against her on the ground of desertion, no useful purpose will be served by inquiring into the allegation whether she had adulterous relationship with Dharma Ebenezer, against whom the husband has lodged a complaint u/s 497 of the Penal Code. Accordingly, we quash that Crl.M.C.No.1951 of 2016 3 complainant and direct that no further proceedings will be taken therein."
5. This is a case, wherein, the facts are almost the same in Sowmithri Vishnu's Case (Supra). The wife of the 2nd respondent had obtained a divorce, and that divorce has become final. Even after that the 2nd respondent wants to continue with the private complaint alleging offence under Section 497 IPC. Following the guidelines given by the Apex Court, the complaint against the petitioner is liable to be quashed. There is no merit in the matters contained in C.C.No.47 of 2016.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.47 of 2016 of the Judicial First Class Magistrate's Court-II, Cherthala, as against the petitioner, are quashed.
B.KEMAL PASHA JUDGE DSV/16/1/18