Kerala High Court
Rafeeque Kandathil vs Ayisha.I on 23 May, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
Crl.MC.No. 2054 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 1404/2016 of J.M.F.C.-II,HOSDRUG
CRIME NO. 559/2016 OF BEKAL POLICE STATION , KASARGOD
PETITIONERS/ACCUSED 1 TO 3:
1 RAFEEQUE KANDATHIL
AGED 38 YEARS, S/O. PALLIPUZHA ABOOBACKER,
AMINATH MANZIL, PALLIPUZHA, PALLIKKARA,
KASARGOD DISTRICT.
2 PALLIPUZHA ABOOBACKER
AGED 63 YEARS, S/O. MOHAMMED,
AMINATH MANZIL, PALLIPUZHA,
PALLIKKARA, KASARGOD DISTRICT.
3 JUNAID
AGED 31 YEARS, S/O. PALLIPUZHA ABOOBACKER,
AMINATH MANZIL, PALLIPUZHA, PALLIKKARA,
KASARGOD DISTRICT.
BY ADVS.SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:
1. AYISHA.I
AGED 26 YEARS, D/O. ISMAIL,
RESIDING AT BANGANA HOUSE,
PARE P.O., BARE VILLAGE,
HOSDURG TALUK, KASARGOD - 71 319.
2. THE STATE OF KERALA
REPRESENTED THE STATION HOUSE OFFICER,
BEKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.C.SHUKKUR
R BY PUBLIC PROSECUTOR:SRI C K PRASAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-05-2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2054 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT WITH FIR IN CRIME NO. 559/2016 OF
BEKKAL POLICE STATION.
ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT.
ANNEXURE 3 TRUE COPY OF THE AGREEMENT.
RESPONDENTS EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.2054 of 2018
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Dated this the 23rd day of May, 2018
ORDER
Petitioners stand indicted as accused Nos.1 to 3 in C.C.No.1404 of 2016 of the Judicial First Class Magistrate Court-II, Hosdurg arising from Crime No.559 of 2016 of Bekkal Police Station for offence punishable under section 498A of the Indian Penal Code.
2. First respondent is the defacto complainant. First petitioner had married the first respondent on 16.06.2018. It was alleged by her later that, she was subjected to matrimonial cruelty by the petitioners herein, who are the husband and in-laws. It was alleged that, harassment was in connection with demand for dowry. Pending the proceedings, parties are stated to have settled their dispute. Accordingly, Crl.M.C is filed relying on Annexure-2, which is stated to be an agreement of settlement arrived at between the parties. Supporting the settlement, defacto complainant, who is the second respondent, is stated to have affirmed an affidavit produced as Annexure-3. Learned counsel for the first respondent acknowledged the due execution of the above affidavit and submitted that, it was executed in token of the settlement of the dispute. Learned counsel for the first respondent further submitted Crl.M.C.2054/18 2 that first respondent has no objection in quashing the proceedings. Learned Public Prosecutor submitted that the matter has been settled between the parties and statement of the defacto complainant has been recorded.
3. Essentially, the dispute is in the nature of a matrimonial discord. Parties have resolved it. The law has to facilitate the settlement in the criminal proceedings, which now stands in the way of a complete settlement of dispute. Hence, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the entire proceedings.
In the result, Crl.M.C is allowed. All further proceedings in C.C.No.1404 of 2016 of the Judicial First Class Magistrate Court- II, Hosdurg arising from Crime No.559 of 2016 of Bekkal Police Station will stand quashed.
Sd/-
SUNIL THOMAS Judge Sbna/23/5/18 True Copy/ P A to Judge