Mohammed Rafi vs State Of Kerala
2022 Latest Caselaw 7687 Ker

CRL.MC NO. 3951 OF 2022
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                 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. 3951 OF 2022
 AGAINST THE ORDER/JUDGMENT IN CC 1890/2016 OF JUDICIAL MAGISTRATE OF
                           FIRST CLASS -I, ALUVA
PETITIONER/S:

     1      MOHAMMED RAFI
            AGED 39 YEARS
            PALLATHU VEEDU,KARAYAMPURAM DESOM,EDATHALA KARA,ALUVA EAST
            VILLAGE,ERNAKULAM, PIN - 683106
     2      AYISHA
            AGED 59 YEARS
            PALLATHU VEEDU,KARAYAMPURAM DESOM,EDATHALA.KARA,ALUVA EAST
            VILLAGE ERNAKULAM

            DESOM, PIN - 683106
            BY ADV MANSOOR.B.H.


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA,ERNAKULAM, PIN - 682031
     2      STATION HOUSE OFFICER
            ALUVA EAST POLICE STATION.ERNAKULAM DISTRICT, PIN - 683101
     3      FAKKEESA
            AGED 36 YEARS
            PAZHAYAVEETIL HOUSE,KATTAKAMPAL,PENGAMUCK,THRISSUR, PIN -
            680544
            BY ADV SAKEENA BEEGUM


OTHER PRESENT:

            PP SMT.T.V NEEMA


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3951 OF 2022
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                      BECHU KURIAN THOMAS, J.
                ========================
                        Crl.MC No.3951 of 2022
                ------------------------------------------------
                        Dated this the 28th day of June, 2022

                                     ORDER

Petitioners challenge the proceedings in C.C. No.1890/2016 on

the files of the Judicial First Class Magistrate Court-I, Aluva. The

offences alleged against the petitioners are under Sections 498A,

406 r/w Section 34 of the Indian Penal Code.

2. Sri.Mansoor B.H, learned Counsel for the petitioners

submitted that the dispute between the petitioners and the defacto

complainant have been settled and an affidavit as Annexure B has

also been filed in proof of the settlement.

3. Smt.Sakkeena Beegum learned Counsel appearing for the

3rd respondent, affirmed the affidavit and submitted that defacto

complainant stands by the averments in the affidavit.

4. Smt.T.V.Neema, learned Public Prosecutor submitted that

the genuiness of the affidavit has been verified and that the

petitioners had signed the same.

5. In view of the aforesaid circumstances and also in view of

the judgment in Gian Singh v. State of Punjab and Another

(2012 (10) SCC 303),, the offence alleged against the petitioners CRL.MC NO. 3951 OF 2022

having been settled between them, I find no reason to continue this

prosecution.

6. Accordingly, I quash all proceedings in C.C.

No.1890/2016 on the files of the Judicial First Class Magistrate

Court-I, Aluva.

The Crl.MC is allowed as above.

sd/

BECHU KURIAN THOMAS JUDGE jm/ CRL.MC NO. 3951 OF 2022

APPENDIX OF CRL.MC 3951/2022

PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO:340/2013 OF ALUVA EAST POLICE STATION. Annexure B AFFIDAVIT OF THIRD RESPONDENT