Ayoob Akkarapeedika vs State Of Kerala
2022 Latest Caselaw 7738 Ker

                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. 2806 OF 2022
   [CRIME NO.35/2019 OF Kalikavu Police Station, Malappuram
       AGAINST THE ORDER/JUDGMENT IN CC 474/2019 OF JUDICIAL
                  MAGISTRATE OF FIRST CLASS-I,MANJERI]
PETITIONER/ACCUSED NOS.1 TO 3:

       1       AYOOB AKKARAPEEDIKA
               AGED 45 YEARS
               S/O.KUNHALAN, AKKARAPEEDIKA HOUSE,
               PEVUMTHARA, AMBALAKKADAVU P.O.,
               MALAPPURAM DISTRICT, PIN - 676 525.
       2       KUNHALAN, AGED 73 YEARS
               AKKARAPEEDIKA HOUSE,
               PEVUMTHARA, AMBALAKKADAVU P.O.,
               MALAPPURAM DISTRICT, PIN - 676 525.
       3       KHADEEJA, AGED 67 YEARS
               W/O.KUNHALAN,
               AKKARAPEEDIKA HOUSE, PEVUMTHARA,
               AMBALAKKADAVU P.O.,
               MALAPPURAM DISTRICT, PIN - 676 525.
               BY ADV K.RAKESH


RESPONDENTS/STATE & DE FACTO COMPLAINANT :

       1       STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, PIN - 682 031.
       2       THE STATION HOUSE OFFICER
               KALIKAVU POLICE STATION,
               MALAPPURAM DISTRICT, PIN - 676 525.
       3       SAMEEMA T.K., AGED 35 YEARS
               D/O.ABDULLA, THUPPILIKKADAN HOUSE, KATTILAPADAM,
               KARULAYI, NILAMBUR TALUK,
               MALAPPURAM DISTRICT, PIN - 679 330.
               BY ADVS.P.G.MANU, PUBLIC PROSECUTOR
               K.S.PRAVEEN
THIS       CRIMINAL   MISC.   CASE   HAVING    COME   UP   FOR   ADMISSION   ON
28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 2806/2022
                                             2



                        BECHU KURIAN THOMAS, J
                      ...........................................
                          Crl.M.C.No.2806 of 2022
                         .....................................
                   Dated this the 28 th day of June, 2022

                                         ORDER

Petitioner challenge all further proceedings in C.C.No.474/2019 on

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

2. The learned counsel for the petitioners submitted that the offences

alleged against them are under Sections 498A, 341, 323, 506(i)

r/w Section 34 of the Indian Penal Code. It is further submitted

that the entire dispute between the petitioner and his wife has

been settled, which is evidenced by Annexure-B affidavit.

3. Sri.K.S.Praveen, the learned counsel for the 3 rd respondent

submitted that the affidavit filed by her is genuine and she still

stands by the same.

4. Sri.P.J.Manu, the learned Public Prosecutor, upon instructions,

submitted that the affidavit filed by the 3rd respondent has been

found to be true and that on verification, she informed that she

stand by the averments therein.

5. Taking note of the judgment in Gian Singh vs. State of Punjab

and Another [2012 (4) KLT 108] I am satisfied that the dispute CRL.MC 2806/2022

between the petitioner and the 3 rd respondent has been settled, as

is evidenced by Annexure-B affidavit in this case.

6. In view of the above, all further proceedings in C.C.No.474/2019

on the files of Judicial First Class Magistrate Court-I, Manjeri shall

stand quashed.

This Crl.M.C. is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/28/06//2022 CRL.MC 2806/2022

APPENDIX OF CRL.MC 2806/2022

PETITIONER ANNEXURES

Annexure A TRUE COPY OF THE FINAL REPORT IN CRIME NO.35/2019 OF THE KALIKAVU POLICE STATION Annexure B AFFIDAVIT DATED 16-4-2022 SWORN TO BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT

RESPONDENTS EXHIBITS : NIL