Kerala High Court
Unknown vs Present on 15 December, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF JANUARY 2018 / 29TH POUSHA, 1939
Crl.MC.No. 8914 of 2017
......................
AGAINST THE ORDER/JUDGMENT IN CC 1391/2016 of J.M.F.C.,VADAKARA
CRIME NO. 983/2015 OF VATAGARA POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED
1 SHAJIR,
S/O. ABDULLA, KILLIYATH HOUSE, PURAMERI P.O.,
VATAKARA, KOZHIKODE DISTRICT.
2 KUNHAAMI,
W/O. ABDULLA,
KILLIYATH HOUSE, PURAMERI P.O.,
VATAKARA, KOZHIKODE DISTRICT.
BY ADV.SRI.P.VENUGOPAL (1086/92)
RESPONDENT(S)/STATE & DEFACTO-C0MPLAINANT :
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2. HASNATH,
AGED 24 YEARS, D/O. ABDUL AZEEZ, KUTTIKATTIL HOUSE,
VALLIAD P.O., VILLYAPPALLI VIA, VATAKARA, KOZHIKODE DISTRICT,
PIN - 673 542.
R2 BY ADV. SMT.T.J.MARIA GORETTI
R1 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8914 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A TRUE COPY OF THE FIR REGISTERED BY THE FIRST
RESPONDENT IN CRIME NO.983/2015 OF VATAKARA
POLICE STATION TOGETHER WITH THE COMPLAINT
PREFERRED BY THE SECOND RESPONDENT BEFORE THE
JFCM COURT, VATAKARA.
ANNEXURE B TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE
FIRST RESPONDENT IN CRIME NO.983/2015 OF
VATAKARA POLICE STATION.
ANNEXURE C AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT
DATED 15.12.2017.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
-------------------------------------------
Crl. M. C. No. 8914 of 2017
-------------------------------------------
Dated this the 19th day of January, 2018
O R D E R
The petitioners are the accused in Crime No.983/2015 of Vatakara Police Station, Kozhikode now pending as C.C. No.1391/2016 of Judicial First Class Magistrate Court, Vatakara for offences punishable under Sections 323, 406 & 498A read with 34 IPC. According to the prosecution, on 21.01.2011, the accused married the de facto complainant, who is the 2nd respondent herein. While they were living together, she is stated to have been subjected to matrimonial cruelty by the husband and the in- laws, who are arrayed as the 1st and 2nd accused. 2nd accused is the mother of the 1st accused.
2. Learned counsel for the petitioners and the learned counsel for the 2nd respondent submitted that pending the proceedings, the parties have resolved their disputes and acknowledging the settlement, an affidavit has been affirmed by the 2nd respondent. The above affidavit is produced as Annexure C. It was stated that with the intervention of the mediators, they have agreed to accept an ex-parte decree of divorce granted in Crl. M. C. No. 8914 of 2017 2 favour of the wife by the Family Court. It was stated that all the claims between the parties have been completely settled.
3. The learned Public Prosecutor on instructions submitted that the parties have resolved their disputes.
4. Having considered the entire facts and that the dispute essentially arose from a matrimonial discord, I feel that a quietus is liable to be given by quashing the entire proceedings.
Accordingly, Crl.M.C. is allowed. All further proceedings in C.C. No.1391/2016 of Judicial First Class Magistrate Court, Vatakara stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn