Nadeerali vs State Of Kerala
2022 Latest Caselaw 4526 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                     CRL.MC NO. 1044 OF 2022
    CRIME NO.0333/2021 OF KALIKAVU POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED 1 AND 2:

    1     NADEERALI, AGED 35 YEARS,
          EDAPATTAKURIKKAL HOUSE, PULVETTA P.O.,
          KARUVARAKUNDU, MALAPPURAM DISTRICT., PIN - 676523
    2     NASEEMA,
          EDAPATTAKURIKKAL HOUSE, PULVETTA P.O.,
          KARUVARAKUNDU, MALAPPURAM DISTRICT -, PIN - 676523
          BY ADVS.
          C.DINESH
          A. P. Mohammed Ismail


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          HIGH COURT OF KERALA
          ERNAKULAM, PIN - 682031
    2     THE STATION HOUSE OFFICER, KALIKAVU POLICE STATION
          KALIKAVU POST,
          MALAPPURAM DISTRICT, PIN - 676525
    3     SUBUHANA E.
          EMDEN HOUSE, KALIKAVU P.O.,
          MALAPPURAM DISTRICT, PIN - 676525

          SMT. M. K .PUSHPALATHA SR.PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.1044/22
                                    2



                              O R D E R

The petitioners are the accused in Crime

No.0333/2021 of Kalikavu Police Station on the file

of the Judicial First Class Magistrate Court I,

Manjeri and the offences alleged against them are

under Sections 498 A and 406 r/w 34 of the Indian

Penal Code. The petitioners moved this Court

seeking to quash all further proceedings in Crime

No.0333/2021 of Kalikavu Police Station on the file

of the Judicial First Class Magistrate Court I,

Manjeri.

2. The allegation is that the marriage between

the 1st petitioner and the de facto complainant was

solemnized on 20.12.2017 and while living as

husband and wife, the petitioners herein

misappropriated the gold ornaments of the de facto

complainant and subjected her to both mental and

physical harassment and thereby committed the

aforesaid offences.

3. Heard the learned counsel for the

petitioners, the learned Public Prosecutor as well Crl.M.C.No.1044/22

as the learned counsel for respondent No.3.

4. It is submitted by respective counsel that

the petitioners and the third respondent have

arrived at an amicable settlement and Annexure 2 is

the affidavit filed. The affidavit, inter alia,

states that all the disputes are settled and that

the pendency of criminal proceedings would cause

hardship to all the parties.

5. From the submission across the Bar and

perusing the criminal M.C. and the affidavit

referred above, I am satisfied that there has been

an amicable settlement and that there is no

vitiating circumstances in the respondent filing

the affidavit. No purpose will be served by

continuing the proceedings in the above

circumstances. It is submitted by the learned

Public Prosecutor that the statement of the de

facto complainant has also been taken to verify the

genuineness of the settlement.

6. In view of the judgment of the Hon'ble

Supreme Court in Gian Singh v. State of Punjab and

Another [2012 (10) SCC 303] and considering the Crl.M.C.No.1044/22

facts and circumstances of the case and in exercise

of power of this Court under Section 482 of the

Code of Criminal Procedure, I hereby quash Annexure

1 First Information Report and all further

proceedings in Crime No.0333/2021 of Kalikavu

Police Station on the file of the Judicial First

Class Magistrate Court I, Manjeri against the

petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp Crl.M.C.No.1044/22

APPENDIX OF CRL.MC 1044/2022

PETITIONER ANNEXURES Annexure1 FIR IN CRIME NO.0333 OF 2021 OF KALIKAVU POLICE STATION Annexure2 AFFIDAVIT