Abdul Nazar Chennankadan vs The State Of Kerala
2021 Latest Caselaw 12563 Ker

Crl.M.C.1129/2021
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                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                       THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943
                                 CRL.MC NO. 1129 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN LP 261/2019 OF JUDICIAL MAGISTRATE
                       OF FIRST CLASS ,MALAPPURAM, MALAPPURAM


PETITIONER/ACCUSED NO.1:

                    ABDUL NAZAR CHENNANKADAN, AGED 46 YEARS
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                    S/O. MOIDEEN KUTTY, CHENNANKADAN HOUSE, IRINGALLOOR,
                    ELIPILAKKAL, VENGARA, MALAPPURAM DISTRICT - 676304.

                    BY ADV E.C.AHAMED FAZIL



RESPONDENTS/STATE AND COMPLAINANT:

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

        2           THE SUB INSPECTOR OF POLICE
                    VENGARA POLICE STATION, MALAPPURAM DISTRICT - 676304.

        3           BUSHRA, AGED 43 YEARS
                    D/O. ALAVI HAJI, VETETHOD, VELLIKATTIL, VENGARA,
                    MALAPPURAM DISTRICT - 676304.

                    BY ADV NIYAS MOHAMMED



OTHER PRESENT:

                    PP SMT.MAYA M.N



THIS        CRIMINAL     MISC.    CASE   HAVING    COME   UP   FOR   ADMISSION   ON
26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.1129/2021
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                                        JUDGMENT

Petitioner is the first accused in Crime No.402 of 2011 of Vengara

Police Station for offences punishable under sections 498A r/w 34 of the

Indian Penal Code. Second accused was the mother of the petitioner

herein. The complaint was laid by the third respondent herein who is the

wife of the petitioner herein. She alleged matrimonial cruelty. Pursuant

to the complaint, investigation was conducted and final report was laid.

Petitioner absconded and after evidence, second accused/mother was

found not guilty and acquitted. Case against the petitioner is now pending

as L.P.No.261 of 2019 before the Judicial First Class Magistrate Court,

Malappuram.

2. Crl.M.C has been laid on a premise that the dispute between

the parties have now been resolved amicably. Petitioner relied on affidavit

filed by the second respondent as Annexure-A3. Learned counsel for the

petitioner and the learned counsel for the contesting respondent

submitted that the parties have resolved their dispute as evident from the

affidavit. Learned Public Prosecutor, on instructions, submitted that the

matter has been settled subject to the condition that the petitioner will

take a house on rent for the defacto complainant and children and also

that, they will be properly maintained. On this condition, she has agreed

for a compromise.

3. In the light of above, I am inclined to allow Crl.M.C. Crl.M.C.1129/2021

4. It is also pertinent to note that, though the second accused

appeared before the court below and faced the trial, petitioner remained

absent throughout and the matter is now pending as L.P.

5. Petitioner by his conduct caused delay of the judicial

proceedings. Having considered this, I am inclined to impose cost on him

for causing delay in the judicial proceedings.

In the result, Crl.M.C is allowed. All further proceedings

against the petitioner in L.P.No.261 of 2019 before the Judicial First Class

Magistrate Court, Malappuram will stand quashed on condition that the

petitioner herein deposits a sum of Rs.3,000/- (Rupees three Thousand

Only) before the District Legal Service Authority, Malappuram within one

month from today. It is also made clear that, if the petitioner fails to

comply with the condition imposed at the time of settling by paying

reasonable maintenance and also taking house on rent, third respondent

can move this Court for recalling the order.

Sd/-

SUNIL THOMAS JUDGE Sbna Crl.M.C.1129/2021

APPENDIX

EXHIBITS

ANNEXURE P1 TRUE COPY OF THE JUDGMENT IN C.C.NO.395 OF 2012 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM.

ANNEXURE P2 TRUE COPY OF MUTUAL AGREEMENT DATED 21.12.2020 EXECUTED BETWEEN PETITIONER AND THIRD RESPONDENT.

ANNEXURE P3 AFFIDAVIT SWORN IN BY 2ND RESPONDENT.

ANNEXURE P4 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.402 OF 2011 OF VENGARA POLICE STATION, MALAPPURAM DISTRICT.