Kerala High Court
Anfal V vs State Of Kerala on 13 March, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
Crl.MC.No.878 OF 2020(H)
AGAINST CRIME NO.384/2019 OF Nallalam Police Station, Kozhikode
District now pending before C.C.No.978/2019 on the file of
JUDICIAL FIRST CLASS MAGISTRATE -V, KOZHIKODE
PETITIONERS/ACCUSED:
1 ANFAL V.,
AGED 29 YEARS
S/O.MUHAMMED UNNI, "VAKAYIL HOUSE", KOLATHARA P.O.,
KOZHIKODE DISTRICT-673027.
2 RASIYA,
AGED 65 YEARS
W/O.MUHAMMED UNNI, "VAKAYIL HOUSE", KOLATHARA P.O.,
KOZHIKODE DISTRICT-673027.
3 JIHAD,
S/O.MUHAMMED UNNI, "VAKAYIL HOUSE", KOLATHARA P.O.,
KOZHIKODE DISTRICT-673027.
4 SHIHAB,
AGED 33 YEARS
S/O.MUHAMMED UNNI, "VAKAYIL HOUSE", KOLATHARA P.O.,
KOZHIKODE DISTRICT-673027.
5 NOORJAHAN,
AGED 55 YEARS
W/O.FAIZAL, "THACHARAMBATH, OLAVANNA,
KOZHIKODE DISTRICT-673019.
6 SHEBINA,
AGED 36 YEARS
W/O.SALAM, "BAITHUL SANAD", KULANGARAPPADI,
KARUVANTHURUTHI P.O., KOZHIKODE DISTRICT-673301.
7 JASLA,
AGED 32 YEARS
W/O.RASHEED, "MEKKANAMBATTIL", PALAKOTTATHAZHAM,
OLAVANNA, KOZHIKODE DISTRICT-673019.
BY ADV. SRI.V.V.SURESH
Crl.MC.No.878 OF 2020(H)
2
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA -682031.
2 LASHITHA SHEHLA
AGED 20 YEARS
D/O.SAFIYA, "BAITHUL HARSHAD", ARAKKINAR PO,
KOZHIKODE-673028.
R2 BY ADV. P.V.SATHYA PRASAD
SRI.SANTHOSH PETER - SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No.878 OF 2020(H)
3
Crl.M.C.No.878 of 2020
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ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - AII Final Report pending trial before the Judicial First Class Magistrate Court- V, Kozhikode in C.C.No.978 of 2019.
2. The petitioners are the accused in the said case. The case was one registered under Sections 498A and 406 read with Section 34 of the Indian Penal Code.
3. It is seen that the petitioners and the de facto complainant of the crime have amicably settled the disputes. An affidavit sworn to by the de facto complainant is part of the records.
4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the de facto complainant.
5. It is seen that the dispute arose on account of the matrimonial discord between the de facto complainant and her husband, the first accused. Though the matter is Crl.MC.No.878 OF 2020(H) 4 settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decisions of the Apex Court in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.
In the result, the Crl.M.C. is allowed and Annexure - AII Final Report pending trial before the Judicial First Class Magistrate Court - V, Kozhikode in C.C.No.978 of 2019 and all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV Crl.MC.No.878 OF 2020(H) 5 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE AI CERTIFIED COPY OF THE FIR IN CRIME NO.384/2019 OF NALLALAM POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.384/2019 OF NALLALAM POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE AIII TRUE COPY OF THE NOTARISED AGREEMENT DATED 29.10.2019.
RESPONDENTS' EXHIBITS: NIL