Kerala High Court
Crl.MC/3919/2012 of SADIQ BASHA Vs HABEEBA on 31 December 2012
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. 3919 of 2012 () -------------------------- CC.316/2009 of J.M.F.C.-II,PALAKKAD (CRIME NO. 158/2009 OF KONGAD POLICE STATION, PALAKKAD DIST.)
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. 3919 of 2012 ()
--------------------------
CC.316/2009 of J.M.F.C.-II,PALAKKAD(CRIME NO. 158/2009 OF KONGAD POLICE STATION, PALAKKAD DIST.)
PETITIONER(S)/ACCUSED:
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SADIQ BASHA, AGED 40 YEARS VALIYA MASJID, DOOR NO.58, JAHIR HUSSAIN ROAD KANNAMAGALAM, VELOOR, TAMILNADU.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
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1. HABEEBA, AGED 34 YEARS W/O.SADIQ BASHA, KERALASSERY, MUNDUR PALAKKAD DISTRICT-678016.
2. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.M.REVIKRISHNAN
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3919 of 2012 ()
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A: TRUE COPY OF THE FINAL REPORT IN C.C.NO.316/2009 OFTHE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE NO.II, PALAKKAD
ANNEXURE B: THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREINEVIDENCING THE AFORESAID FACT.
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE.
dlk
T.R.RAMACHANDRAN NAIR, J.
-------------------------------------------------- CRL.M.C.No.3919 Of 2012
-------------------------------------------------- DATED THIS THE 31[st] DAY OF DECEMBER, 2012
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ORDER
This is a case where the petitioner seeks to quash the proceedings in C.C.No.316/09 pending before the Judicial FirstClass Magistrate Court-II, Palakkad. He is arrayed as an accusedtherein. The 1[st] respondent is the complainant and the marriagebetween the petitioner and the 1[st] respondent took place on22.4.2007. The allegation is one of matrimonial cruelty on the 1[st]respondent.
2. Annexure A is the copy of the final report inC.C.No.316/09. It is submitted that the disputes have beensettled as of now and the parties are living together as husbandand wife. It is submitted by the learned counsel for the partiesthat the evidence in the case has started already and Annexure Bis the copy of the affidavit sworn to by the 1[st] respondent.
3. Heard the learned Public Prosecutor appearing for the State also.
4. Since the offence is one under Section 498A and being CRL.M.C.No.3919/12
a non-compoundable one, if the parties have settled the matter,this Court will be right in exercising the jurisdiction under section482 of the Code of Criminal Procedure. The said legal positionhas been declared by the Apex Court in B.S.Joshi v. State ofHaryana (2003(4) SCC 675).
5. Evidently, this is a case where the parties have settledthe differences and are living together as husband and wife.Therefore there will not be any purpose in proceeding with thecriminal case also.
In the light of the above, the Crl.M.C. is allowed andAnnexure A and further proceedings in C.C.No.316/09 of theJudicial First Class Magistrate Court -II, Palakkad is quashed.
Sd/-(T.R.RAMACHANDRAN NAIR) JUDGE.
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