CRL.MC NO. 3951 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
CRL.MC NO. 3951 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1890/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, ALUVA
PETITIONER/S:
1 MOHAMMED RAFI
AGED 39 YEARS
PALLATHU VEEDU,KARAYAMPURAM DESOM,EDATHALA KARA,ALUVA EAST
VILLAGE,ERNAKULAM, PIN - 683106
2 AYISHA
AGED 59 YEARS
PALLATHU VEEDU,KARAYAMPURAM DESOM,EDATHALA.KARA,ALUVA EAST
VILLAGE ERNAKULAM
DESOM, PIN - 683106
BY ADV MANSOOR.B.H.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION.ERNAKULAM DISTRICT, PIN - 683101
3 FAKKEESA
AGED 36 YEARS
PAZHAYAVEETIL HOUSE,KATTAKAMPAL,PENGAMUCK,THRISSUR, PIN -
680544
BY ADV SAKEENA BEEGUM
OTHER PRESENT:
PP SMT.T.V NEEMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3951 OF 2022
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BECHU KURIAN THOMAS, J.
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Crl.MC No.3951 of 2022
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Dated this the 28th day of June, 2022
ORDER
Petitioners challenge the proceedings in C.C. No.1890/2016 on the files of the Judicial First Class Magistrate Court-I, Aluva. The offences alleged against the petitioners are under Sections 498A, 406 r/w Section 34 of the Indian Penal Code.
2. Sri.Mansoor B.H, learned Counsel for the petitioners submitted that the dispute between the petitioners and the defacto complainant have been settled and an affidavit as Annexure B has also been filed in proof of the settlement.
3. Smt.Sakkeena Beegum learned Counsel appearing for the 3rd respondent, affirmed the affidavit and submitted that defacto complainant stands by the averments in the affidavit.
4. Smt.T.V.Neema, learned Public Prosecutor submitted that the genuiness of the affidavit has been verified and that the petitioners had signed the same.
5. In view of the aforesaid circumstances and also in view of the judgment in Gian Singh v. State of Punjab and Another (2012 (10) SCC 303),, the offence alleged against the petitioners CRL.MC NO. 3951 OF 2022 3 having been settled between them, I find no reason to continue this prosecution.
6. Accordingly, I quash all proceedings in C.C. No.1890/2016 on the files of the Judicial First Class Magistrate Court-I, Aluva.
The Crl.MC is allowed as above.
sd/ BECHU KURIAN THOMAS JUDGE jm/ CRL.MC NO. 3951 OF 2022 4 APPENDIX OF CRL.MC 3951/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO:340/2013 OF ALUVA EAST POLICE STATION. Annexure B AFFIDAVIT OF THIRD RESPONDENT