% Crime No. 2032/2017 Of Panangad ... vs By Advs.Sri.T.B.Gafoor on 12 December, 2018

Crime No. 2032/2017 Of Panangad … vs By Advs.Sri.T.B.Gafoor on 12 December, 2018

kerela high court.

 

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT:

                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS

       WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA,
                              1939

                                Crl.MC.No. 888 of 2018

              CRIME NO. 2032/2017 OF PANANGAD POLICE STATION ,
                             ERNAKULAM


PETITIONER(S)/PETITIONERS

1   NIYAS
    AGED 25 YEARS, S/O.ABDUL KAREEM,
    PERINGHATTU PARAMBIL HOUSE,
    NETTOOR, MARADU, PANANGHAD,
    ERNAKULAM-682506.

2   NABEESA
    AGED 53 YEARS,
    W/O.ABDUL KAREEM,
    PERINGHATTU PARAMBIL HOUSE,
    NETTOOR, MARADU, PANANGHAD,
    ERNAKULAM-682506.

3   JAREENA
    AGED 26 YEARS, W/O.RIYAS,
    PERINGHATTU PARAMBIL HOUSE,
    NETTOOR, MARADU, PANANGHAD,
    ERNAKULAM-682506.

    BY ADVS.SRI.T.B.GAFOOR
        SRI.K.MOHAN

RESPONDENT(S)/RESPONDENTS:

1. THE STATE OF KERALA
   REPRESENTED BY PUBLIC PROSECUTOR,
   HIGH COURT OF KERALA, ERNAKULAM 682031,
   THROUGH SUB INSPECTOR OF POLICE,
   PANANGAD POLICE STATION,ERNAKULAM-682506.

2. ANSILA
   AGED 21 YEARS, D/O.MUHAMMED ASAD,
   PULINGANALIL HOUSE, AYAVANA DESOM,
   MUVATTUPUZHA, ERNAKULAM-686661.

     R2 BY ADV. SRI.M.I.ANWAR SADATH
     R1 BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR


  THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 888 of 2018 ()

                               APPENDIX

PETITIONER(S)' EXHIBITS

ANNEXURE A1       CERTIFIED COPY OF THE FIR IN CRIME NO.2032/17
                  PANANGAD POLICE STATION, DATED 12/12/2018

ANNEXURE A2        CERTIFIED COPY OF THE FIS IN CRIME NO 2032/17 OF
                   PANANGAD POLICE STATION, DATED 12/12/2018

ANNEXURE A3        THE TRUE COPY OF AFFIDAVIT FILED BY THE DEFACTO
                  COMPLAINANT DATED 5/2/2018.




RESPONDENT(S) EXHIBITS                    NIL




R.AV                              //TRUE COPY//



                                  PA TO JUDGE

                  SUNIL THOMAS, J.
                --------------------------
               Crl.M.C.No.888 of 2018
               ---------------------------
      Dated this the 28th day of February, 2018


                          ORDER

The petitioners are the accused in Crime No.2032/2017 of Panangad Police Station for offences punishable under sections 498A323506(ii) and 34 of the Indian Penal Code.

2. The first petitioner had married the second respondent on 10.7.2016. Thereafter, the parties resided in the matrimonial house. While so, it was alleged that the husband and his relatives subjected the defacto complainant to extreme matrimonial cruelty by physical and mental torture. It is further alleged that on 2.12.2017, the first petitioner herein slapped the defacto complainant and assaulted her. She laid a complaint pursuant to which crime was registered and the investigation has progressed.

3. The petitioners have now approached this court contending that it was a purely matrimonial dispute, that the parties have no further grievance against each other Crl.M.C.No.888 of 2018 and that they have resolved all their disputes. Asserting that the defacto complainant does not propose to pursue the criminal proceedings, an affidavit has also been produced by the petitioner herein. The learned counsel for the petitioner and the learned counsel for the second respondent relied on Annexure-A3 and submitted that it was duly executed by the defacto complainant. The learned counsel for the defacto complainant affirmed that the defacto complainant has no intention to pursue the matter further. The learned Public Prosecutor also endorsed the settlement and submitted that the parties have no further grievance.

4. After having heard both sides and after perusing the affidavits, I am satisfied that the dispute is a purely personal one arising from the matrimonial dispute. Having considered this, I am inclined to invoke the jurisdiction under section 482 Cr.P.C and to give premature termination of the entire proceedings, to meet the ends of justice.

Crl.M.C.No.888 of 2018 Accordingly, Crl.M.C is allowed and all further proceedings in crime No.2032/2017 of Panangad Police Station as against the petitioners herein will stand quashed.

Sd/-

                                    SUNIL THOMAS, JUDGE

R.AV

                              //True Copy//       PA to Judge


https://indiankanoon.org/doc/1679850/

Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as …

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