Thahamon vs State Of Kerala
2022 Latest Caselaw 3493 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                  CRL.MC NO. 6260 OF 2021
     CC 1142/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                        ,MALAPPURAM


PETITIONERS/ACCUSED 1 TO 3:

    1    THAHAMON
         AGED 31 YEARS
         S/O.MEERAN, PALAKKADAN HOUSE, MANKULAM P.O.,
         MUNIPARA, IDUKKI DISTRICT 685 565

    2    FATHIMA MEERAN
         AGED 65 YEARS
         W/O.MEERAN, PALAKKADAN HOUSE, MANKULAM P.O.,
         MUNIPARA, IDUKKI DISTRICT 685 565

    3    SALMA, AGED 40 YEARS
         D/O.MEERAN, VELAMVELI, MANAPPURAM P.O., ALAPPUZHA
         DISTRICT 688 526

         BY ADVS.P.M.PAREETH
         AISWARYA VENUGOPAL



RESPONDENTS/COMPLAINANT & STATE:

    1    STATE OF KERALA
         REP.BY SHO, MALAPPURAM POLICE STATION, THROUGH
         PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
 Crl.M.C.No.6260/2021

                                 -:2:-

     2     AMINA
           D/O.KABEER, KANJIRATHINKAL HOUSE, MELMURI P.O.,
           CHUNGAM, MALAPPURAM DISTRICT 673 639



          SMT M K PUSHPALATHA -SR PP




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   22.03.2022,   THE   COURT    ON     THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.6260/2021

                                -:3:-

                               ORDER

Dated this the 22nd day of March, 2022

This Crl.M.C has been filed to quash all further proceedings

in C.C.No.1142/2021 on the files of the Judicial First Class

Magistrate Court, Malappuram.

2. The petitioners are accused Nos. 1 to 3. The offences

alleged are under Sections 406 and 498A read with Section 34 of

IPC.

3. The prosecution case in short is that the defacto

complainant was subjected to cruelty both physically and

mentally by the accused demanding more dowry and her gold

ornaments were forcefully taken and misappropriated by the

accused.

Having heard the learned counsel for the petitioners Sri.

P.M. Pareeth and also the learned Senior Public Prosecutor Smt.

M.K. Pushpalatha, I am of the view that this Crl.M.C can be

disposed of, with liberty to the petitioners to file an application

for discharge before the learned Magistrate. The learned Crl.M.C.No.6260/2021

Magistrate shall dispose of the said application, if any filed, in

accordance with law. The petitioners is free to take up all the

contentions in the Crl.M.C in the application for discharge. The

personal appearance of the petitioners at the Magistrate's Court

is exempted with till the application for discharge is disposed of

by the learned Magistrate.

The Crl.M.C. is disposed of.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge Crl.M.C.No.6260/2021

APPENDIX OF CRL.MC 6260/2021

PETITIONER ANNEXURES

Annexure A1 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 14.2.2020 IN O.P.(RESTN) NO.392/2019 ISSUED BY THE FAMILY COURT, THODUPUZHA

Annexure A1(A) A TRUE PHOTOCOPY OF THE OP NO.233/2020 FILED BY THE FIRST PETITIONER BEFORE FAMILY COURT, THODUPUZHA ON 26.8.2020

Annexure A2 A PHOTOCOPY OF THE JUDGMENT DATED 19.1.2021 IN O.P.NO.233/2020 OF FAMILY COURT, THODUPUZHA

Annexure A3 A PHOTOCOPY OF THE DECREE DATED 19.1.2021 IN O.P.NO.233/2020 OF FAMILY COURT, THODUPUZHA

Annexure A4 A CERTIFIED PHOTOCOPY OF THE FIR DATED 3.10.2021 LODGED BY THE SECOND RESPONDENT IN CRIME NO.608/2021 MALAPPURAM POLICE STATION ALLEGING OFFENSES U/S 406 AND 498A R/W 34 IPC

Annexure A5 A CERTIFIED PHOTOCOPY OF THE FINAL REPORT AND CHARGE IN RESPECT OF CRIME NO.608/2021 OF MALAPPURAM POLICE STATION.

ANNEXURE A6 TRUE PHOTOCOPY OF THE 161 STATEMENT IN RESPECT OF THE SECOND RESPONDENT (PW1) DTAED 4.10.21

ANNEXURE A6(a) TRUE PHOTOCOPY OF THE 161 STATEMENT IN RESPECT OF Nadeera, THE MOTHER OF THE SECOND RESPONDENT (PW2) DTAED 4.10.21 Crl.M.C.No.6260/2021

ANNEXURE A6(b) TRUE PHOTOCOPY OF THE 161 STATEMENT IN RESPECT SAKKEER K.OF THE BROTHER OF THE SECOND RESPONDENT (PW3) DTAED 6.10.21

ANNEXURE A6(c) TRUE PHOTOCOPY OF THE 161 STATEMENT IN RESPECT OF SAMEER K.ANOTHER BROTHER OF THE SECOND RESPONDENT (PW4) DTAED 6.9.21

ANNEXURE A6(d) TRUE PHOTOCOPY OF THE 161 STATEMENT IN RESPECT OF HANEEFA N.K.THE UNCLE OF THE SECOND RESPONDENT (PW5) DTAED 6.9.21

ANNEXURE A6(e) TRUE PHOTOCOPY OF THE 161 STATEMENT IN RESPECT OF MOOSA HAJI THE SECRETARY MASJIDUNNOOR MAHALLU COMMITTEE(PW6) DTAED 6.9.21

ANNEXURE A6(f) TRUE PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE DATED 11.12.19 ISSUED BY SECRETARY MASJIDUNNOOR MAHALLU COMMITTEE

ANNEXURE A6(g) TRUE PHOTOCOPY SEIZURE MAHAZAR DATED 4.10.21