Kerala High Court

Crl.MC/3440/2012 of SHAFEEQ P.A. Vs SHAHARBANA on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Crl.MC.No. 3440 of 2012 (D) -------------------------- CC.665/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR PETITIONER(S)/ACCUSED:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

Crl.MC.No. 3440 of 2012 (D)

--------------------------

CC.665/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR

PETITIONER(S)/ACCUSED:----------------------

1. SHAFEEQ P.A., AGED 26 YEARS,

S/O.ABDUL KAREEM, PUTHA PUTHIKKAL,

CHERUVATUR VALIYA POYIL POST, KASARAGOD DISTRICT.

2. JABIR V.S, AGED 25 YEARS, S/O.SAID MUHAMMAD, VATTAKUDIYIL HOUSE, CHERUVATUR VALIYA POYIL POST, KASARAGOD DISTRICT

3. HAFSATH M.T.P, AGED 39 YEARS, W/O.ABDUL AZEEZ, MANAKKAT THEKKE PURAYIL, CHANADUKKAM, VALIYA POYIL POST, KASARAGOD DISTRICT.

BY ADVS.SRI.ZUBAIR PULIKKOOL

SRI.P.S.BINU

RESPONDENTS/COMPLAINANT(S):

---------------------------

1. SHAHARBANA, AGED 20 YEARS,

D/O.HAMZA, PUNJAKKAD, PAYYANNUR POST,

KANNUR DISTRICT PIN 670307

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SMT.P.A.ANEESHA

BY SMT.V.H.JASMINE, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

AS

T.R. RAMACHANDRAN NAIR, J.

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Crl. M.C. No.3440 OF 2012

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Dated this the 31[st] day of December, 2012.

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O R D E R

The Crl.M.C is filed by the petitioners seeking to quash theproceedings in C.C.No.665/2012 on the file of the Judicial FirstClass Magistrate Court, Payyanur. The petitioners are theaccused 1 to 3 in the said case and the allegation is that theyhave committed an offence punishable under Section 498A readwith Section 34 of Indian Penal Code. The de facto complainantwas married by the 1[st] accused. Subsequently certain disputeshave arisen between the parties which have led to the criminalcomplaint.

2. It is averred in paragraph 3 of the writ petition that theentire disputes have been amicably settled between the de factocomplainant and the petitioners in the presence of mediators andthe 1[st] respondent received all the benefits of a Muslim divorced Crl.M.C.No.3440/2012

woman. Annexure II is a copy of the agreement which isfollowed by an affidavit sworn to by the 1[st] respondent declaringthat they have settled the case. Learned counsel for thepetitioners submitted that in the light of the settlement, it is notnecessary to proceed with the criminal case and the proceedingsmay therefore be quashed.

3. Heard the learned counsel for the petitioners, learnedcounsel for the 1[st] respondent and the learned Public Prosecutor.Learned counsel for the 1[st] respondent submitted that thedisputes between the parties have been settled. Learned PublicProsecutor also confirmed the same.

4. Evidently, the disputes and differences between the spouses after the marriage has resulted in a criminal complaintand now that the matter has been settled and the parties areliving separately and that they have also expressed theiragreement in the matter, it is not necessary to proceed with thecriminal case.

In the light of the various decisions of the Apex Court, this Crl.M.C.No.3440/2012

Court can exercise the power under Section 482 of the Code ofCriminal Procedure to quash the complaint itself. Therefore, theproceedings in C.C.No.665/2012 on the file of the Judicial FirstClass Magistrate Court, Payyanur will stand quashed.

The Crl. M.C. is allowed as above.

T.R. RAMACHANDRAN NAIRJUDGE

smp

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