Rajeena vs State Of Kerala
2021 Latest Caselaw 12348 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                       Crl.MC.No.2401 OF 2021(A)

AGAINST THE ORDER/JUDGMENT IN CC 32/2007 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I, KOLLAM

     CRIME NO.50/2007 OF Kollam East Police Station , Kollam


PETITIONER/S:

                RAJEENA,
                AGED 44 YEARS
                D/O. OF ABDUL SA,MATH, PRANAVOM NAGAR, HOUSE NO.10,
                KOLLAM EAST VILLAGE, CANTONMENT SOUTH WARD, SOUTH OF
                PATTALATHUPALLI, KOLLAM DISTRICT, KERALA - 691001.

                NOW RESIDING AT - 'SHAMEENA MANZIL', KTN NAGAR - 150,
                VADAKKEVILA P. O., VADAKKEVILA VILLAGE, PALLIMUKKU,
                KOLLAM - 691010.

                BY ADVS.
                SRI.BINU MATHEW
                SHRI.SATHEESH V.T.

RESPONDENT/S:

      1         STATE OF KERALA,
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM - 682 031.

      2         FIROS KHAN
                AGED 48 YEARS
                S/O. PAREETHU KUNJU, THOPIL VEEDU, HOUSE NO.20,
                KAVALPURA, ERAVIPURAM P. O., KOLLAM DISTRICT, KERALA
                - 691011.

                NOW RESIDING AT - 'SHAMEENA MANZIL', KTN NAGAR - 150,
                VADAKKEVILA P. O., VADAKKEVILA VILLAGE, PALLIMUKKU,
                KOLLAM - 691010.

                R2 BY ADV. T.M.KRISHNA PRIYA

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2401 OF 2021

                                    2


                                   ORDER

Dated this the 7th day of May 2021

This is a petition filed by the d facto

complainant seeking to quash the proceedings initiated

at her instance against the 2nd respondent, who is her

husband under Section 498 A of the Indian Penal Code.

It is evident from the facts of the case that the

issues between the petitioner and the 2nd respondent

have been settled and they are now living together as

husband and wife.

Taking into account the aforesaid facts and

keeping in mind the principles in Gian Singh Vs. State

of Punjab and another [2012(4)KLT 108] all further

proceedings in C.C.No.32/2007 and L.P.No.55/2008

pending before the Chief Judicial Magistrate Court,

Kollam, will stand quashed as against the 2nd

respondent.

Sd/-

GOPINATH P.

JUDGE

uu

07.05.2021 Crl.MC.No.2401 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.50 OF 2007 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT.

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT IN CRIME NO.50 OF 2007 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT.

ANNEXURE A3 AFFIDAVIT OF PETITIONER (DEFACTO COMPLAINANT)

ANNEXURE A4 CERTIFICATE OF MARRIAGE BETWEEN THE PETITIONER AND RESPONDENT.