Kerala High Court
Muhammed [email protected] Ansar vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 4866 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 996/2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - I, KARUNAGAPPALLY, KOLLAM
CRIME NO.583/2018 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT
PETITIONER/ACCUSED:
MUHAMMED [email protected] ANSAR
AGED 32 YEARS
S/O.ABDUL KHADER,
VELIMPURAYIDATHIL (ARSHAD MANZIL),
PUNNAKULAM MURI, KULASHEKHARAPURAM VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN 682 031
2 RUBY
AGED 27 YEARS
W/O.ANSAR, CHAKKITTAPARAMBIL HOUSE,
PANOOR MURI, PALLANA, THRIKKUNNAPUZHA VILLAGE,
ALAPPUZHA DISTRICT, NOW RESIDING AT HARSHA MANZIL,
K.S.PURAM, KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN 690 544
BY ADV N.SASANKAN PILLAI
BY ADV.RENJIT GEORGE, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.4866 OF 2021
-2-
ORDER
This Crl.M.C. has been filed seeking to quash the entire
proceedings against the petitioner in C.C.No.996/2018 on the file of
the Judicial First Class Magistrate Court, Karunagappally, which
arose out of crime No.583/2018 of Karunagappally police station,
which has been registered for the offences punishable under
Sections 341, 323 and 498A of the Indian Penal Code.
2. The second respondent is the defacto complainant. The
petitioner is the husband of the second respondent/the defacto
complainant.
3. According to the learned counsel for the petitioner, the
entire matrimonial issues between the petitioner and the second
respondent has been amicably settled out of court.
4. Annexure A1 is the copy of the FIR in crime
No.583/2018. Annexure A2 is the copy of the final report in the
said crime. Annexure A3 is the affidavit duly sworn in by the
defacto complainant.
5. Adv.N.Sasankan Pillai appeared on behalf of the defacto
complainant. He reports about the settlement arrived at between
the parties.
6. The learned Public Prosecutor filed copy of report of the
CRL.MC NO.4866 OF 2021
SHO, Karunagappally police station along with copy of the
statement of the defacto complainant which was taken over
telephone.
7. It has come out from the affidavit duly sworn in by the
defacto complainant as well as the statement of the defacto
complainant given to the SHO that the petitioner settled the entire
issues with the defacto complainant. She is not interested to
prosecute the matter further. She further categorically stated that
she has no objection in quashing the further proceedings against
the petitioner in the said crime.
8. Since the entire matrimonial issues between the parties
have been amicably settled out of court, continuation of the
proceedings against the petitioner would be an abuse of process of
court.
In the result, Crl.M.C. allowed and the entire further
proceedings in C.C.No.996/2018 on the file of the Judicial First
Class Magistrate, Karunagappally, which arose out of crime
No.583/2018 of Karunagappally police station, is hereby quashed.
Sd/-
M.R.ANITHA
JUDGE
nkr
CRL.MC NO.4866 OF 2021
APPENDIX OF CRL.MC 4866/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED OF FIR IN CRIME NO.583/2018 OF
KARUNAGAPPALLY, POLICE STATION
Annexure A2 CERTIFIED OF FINAL REPORT IN CRIME
NO.583/2018 OF KARUNAGAPPALLY, POLICE
STATION
Annexure A3 AFFIDAVIT DATED 5.10.2021 SWORN BY THE 2ND
RESPONDENT
