Kerala High Court
Niyas Rawther vs State Of Kerala on 8 December, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
CRL.MC NO. 10495 OF 2023
CRIME NO.3/2009 OF MANNAR POLICE STATION, ALAPPUZHA DISTRICT
CRA 83/2021 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
CC 4434/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONER/ACCUSED:
NIYAS RAWTHER,
AGED 38 YEARS,
S/O MASOOD RAWTHER, VALIYAVILAYIL VEEDU,
THONNALLOOR MURI, KURUMPALA VILLAGE,
PATHANAMTHITTA DISTRICT, PIN - 689 501.
BY ADV GERRY DOUGLES S.
RESPONDENTS/STATE & COMPLAINANTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031,
2 STATION HOUSE OFFICER
MANNAR POLICE STATION, ALAPPUZHA DISTRICT,
PIN - 689 622.
3 JASNA SALIM,
AGED 38 YEARS,
D/O SALIM, PALLIPADINJATTETHIL LAHOM PURAYIDOM,
PATHANAMTHITTA P.O., PATHANAMTHITTA VILLAGE,
KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 686 645.
BY ADVS.
R.ANAS MUHAMMED SHAMNAD
SRI G. SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10495 OF 2023
2
ORDER
Petitioner face prosecution in Crime No.3 of 2009 of Mannar
Police Station, Alappuzha District, for commission of offence
under Section 498(A) of the Indian Penal Code. The matter is now
pending as C.C.No.4434 of 2019 on the file of the Judicial First
Class Magistrate Court - I, Chengannur. The petitioner is the
husband of the 3rd respondent. The allegation against the
petitioner is that while the petitioner and the 3 rd respondent were
residing together, the 3rd respondent was subjected to matrimonial
cruelty by the petitioner at his house by demanding cash and more
gold ornaments. It was alleged that the petitioner misappropriated
the gold ornaments and money and on 06.10.2008, he physically
harassed the 3rd respondent and thereby he committed the
aforesaid offences.
2. The learned counsel appearing for the petitioner would
submit that the disputes arose on account of matrimonial disputes
between the petitioner and the 3rd respondent. It is submitted that
all disputes between the petitioner and the 3rd respondent have
been settled, as is evident from Annexure - A4 affidavit. It is
submitted that the proceedings against the petitioner in Crime
CRL.MC NO. 10495 OF 2023
No.3 of 2009 of Mannar Police Station, Alappuzha District, which
is now pending as C.C.No.4434 of 2019 on the file of the Judicial
First Class Magistrate Court - I, Chengannur, may be quashed on
the basis of settlement.
3. Having regard to the facts and circumstances of the
case, considering the nature of allegations and taking into account
the contents of Annexure - A4 affidavit, I am of the view that this
is a fit case where jurisdiction of this Court under Section 482 of
the Cr.P.C can be invoked and the proceedings against the
petitioner can be quashed on the basis of settlement. No public
interest will be served by continuing with the proceedings against
the petitioner.
Accordingly, this Crl.M.C is allowed and all further
proceedings in C.C.No.4434 of 2019 on the file of the Judicial First
Class Magistrate Court - I, Chengannur, arising out of Crime No.3
of 2009 of Mannar Police Station, Alappuzha District, will stand
quashed as against the petitioner.
Sd/-
GOPINATH P.
JUDGE
DK
CRL.MC NO. 10495 OF 2023
APPENDIX OF CRL.MC 10495/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO.3/2009
OF THE MANNAR POLICE STATION
Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO.3/2009 OF THE MANNAR POLICE
STATION
Annexure A3 CERTIFIED COPY OF THE JUDGMENT DATED
2.7.2021 IN C.C. NO.4434/2019 ON THE
FILES OF THE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, CHENGANNUR
Annexure A4 ORIGINAL OF THE AFFIDAVIT DATED
02.04.2023 SWORN INTO BY THE 3RD
RESPONDENT
