Kerala High Court

Crl.MC/3915/2012 of FIDHA @ SINI Vs NADUKANDIYIL FAJIS @ FAYIS 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. 3915 of 2012 (C) -------------------------- CC.312/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYOLI PETITIONER(S)/COMPLAINANT:

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. 3915 of 2012 (C)

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

CC.312/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYOLI

PETITIONER(S)/COMPLAINANT:------------------------- FIDHA @ SINI, AGED 23 YEARS

D/O. BALAKRISHNAN, NOTINTAVIDA - PAKKAYIL, VADAKARA

BY ADV. SRI.ZUBAIR PULIKOOL

RESPONDENT(S)/ACCUSED & STATE:

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

1. NADUKANDIYIL FAJIS @ FAYIS

S/O.MOIDEEN, AGED 28 YEARS, N.K.HOUSE

P.O. KOTTAKKAL KOYILANDY TALUK, PIN 653 525

2. NAFEESA, W/O. LATE MOIDEEN

AGED 60 YEARS, N.K.HOUSE

PO KOTTAKKAL KOYILANDY TALUK, PIN 653 525

3. STATE OF KERALA

REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PIN. 682 031.

R1 & R2 BY ADV. SRI. P. BHARATHAN

R3 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. 3915 of 2012 (C)

APPENDIX

PETITIONER'S ANNEXURES

ANNEXURE-1 COPY OF FINAL REPORT IN CRIME 28/12 OF PAYYOLI POLICESTATION

ANNEXURE-II COPY OF THE AGREEMENT DATED 21.10.12 EXECUTED BY PETITIONERAND THE 1ST RESPONDENT

RESPONDENTS' ANNEXURES: NIL

//True copy//

P.A. TO JUDGE

shg/

T.R. RAMACHANDRAN NAIR, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Criminal M.C.No.3915/2012

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

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O R D E R

The petitioner herein is seeking to quash further proceedings inC.C.No.312/2012 of the Judicial First Class Magistrate Court, Payyoli.

2. The first respondent married the petitioner on 24/06/2007.Certain disputes have arisen subsequently, which led to the petitioner filinga private complaint before the Judicial First Class Magistrate Court, Payyolialleging offences under Section 498A, 420 and 34 IPC. Annexure-I is thecopy of the final report. It is averred in para.2 that the matrimonial disputeshave been talked over in the presence of the family members, relatives andmediators and the entire disputes have been settled between the petitionerand the first respondent. Second respondent is the mother of the firstrespondent. It is also stated that the divorce has been effected and adetailed agreement was executed on 21/10/2012 in the light of the above.In para.3, it is averred that the petitioner does not want to proceed the caseagainst the first and second respondents

3. Heard the learned counsel appearing for respondent Nos.1and 2. It is submitted by the learned counsel also that the dispute betweenthe parties have been settled . In the light of the above and in the light ofthe principles stated by the Apex Court in the Judgments in Gian Singh v.State of Punjab [2012 (4) KLT 108 (SC)] and Joshi v. State of Haryana Cr.M.C. No.3915/2012

-:2:-

[2003 (2) KLT 1062 (SC)], I am satisfied that the case need not beproceeded in the light of the settlement between the parties, and the casearose purely due to a matrimonial dispute. The proceedings inC.C.No.312/2012 pending before the Judicial First Class Magistrate Court,Payyoli will stand quashed. The criminal miscellaneous case is,accordingly, allowed.

Sd/-

ms

(T.R. Ramachandran Nair, Judge.)

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