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. 2806 OF 2022
[CRIME NO.35/2019 OF Kalikavu Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT IN CC 474/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,MANJERI]
PETITIONER/ACCUSED NOS.1 TO 3:
1 AYOOB AKKARAPEEDIKA
AGED 45 YEARS
S/O.KUNHALAN, AKKARAPEEDIKA HOUSE,
PEVUMTHARA, AMBALAKKADAVU P.O.,
MALAPPURAM DISTRICT, PIN - 676 525.
2 KUNHALAN, AGED 73 YEARS
AKKARAPEEDIKA HOUSE,
PEVUMTHARA, AMBALAKKADAVU P.O.,
MALAPPURAM DISTRICT, PIN - 676 525.
3 KHADEEJA, AGED 67 YEARS
W/O.KUNHALAN,
AKKARAPEEDIKA HOUSE, PEVUMTHARA,
AMBALAKKADAVU P.O.,
MALAPPURAM DISTRICT, PIN - 676 525.
BY ADV K.RAKESH
RESPONDENTS/STATE & DE FACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
KALIKAVU POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676 525.
3 SAMEEMA T.K., AGED 35 YEARS
D/O.ABDULLA, THUPPILIKKADAN HOUSE, KATTILAPADAM,
KARULAYI, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 679 330.
BY ADVS.P.G.MANU, PUBLIC PROSECUTOR
K.S.PRAVEEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 2806/2022
2
BECHU KURIAN THOMAS, J
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Crl.M.C.No.2806 of 2022
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Dated this the 28 th day of June, 2022
ORDER
Petitioner challenge all further proceedings in C.C.No.474/2019 on the files of Judicial First Class Magistrate Court-I, Manjeri.
2. The learned counsel for the petitioners submitted that the offences alleged against them are under Sections 498A, 341, 323, 506(i) r/w Section 34 of the Indian Penal Code. It is further submitted that the entire dispute between the petitioner and his wife has been settled, which is evidenced by Annexure-B affidavit.
3. Sri.K.S.Praveen, the learned counsel for the 3 rd respondent submitted that the affidavit filed by her is genuine and she still stands by the same.
4. Sri.P.J.Manu, the learned Public Prosecutor, upon instructions, submitted that the affidavit filed by the 3rd respondent has been found to be true and that on verification, she informed that she stand by the averments therein.
5. Taking note of the judgment in Gian Singh vs. State of Punjab and Another [2012 (4) KLT 108] I am satisfied that the dispute CRL.MC 2806/2022 3 between the petitioner and the 3 rd respondent has been settled, as is evidenced by Annexure-B affidavit in this case.
6. In view of the above, all further proceedings in C.C.No.474/2019 on the files of Judicial First Class Magistrate Court-I, Manjeri shall stand quashed.
This Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/28/06//2022 CRL.MC 2806/2022 4 APPENDIX OF CRL.MC 2806/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE FINAL REPORT IN CRIME NO.35/2019 OF THE KALIKAVU POLICE STATION Annexure B AFFIDAVIT DATED 16-4-2022 SWORN TO BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT RESPONDENTS EXHIBITS : NIL