Najmudheen vs State Of Kerala
2023 Latest Caselaw 13537 Ker

Kerala High Court

Najmudheen vs State Of Kerala on 21 December, 2023

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

 THURSDAY, THE 21ST DAY OF DECEMBER      2023 / 30TH AGRAHAYANA, 1945

                       CRL.MC NO. 10169 OF 2023

     CRIME NO.308/2023 OF Kalikavu Police Station, Malappuram

 AGAINST THE ORDER/JUDGMENT CC 895/2023 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS-I,MANJERI

PETITIONERS:

           NAJMUDHEEN AGED 46 YEARS S/O MUHAMMED   PANANILATH
           HOUSE, KALIKAVU P.O, MALAPPURAM DT, PIN - 676525
           BY ADV SADIQALI.M

RESPONDENTS:

     1     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
           COURT OF KERALA, PIN - 682031
     2     FATHIMATH SUHRA AGED 39 YEARS D/O MUHAMED, PUTHAN
           PURAKKAL HOUSE, PODUVANNI, KARUVARAKUNDU P.O,
           MALAPPURAM DT, PIN - 676525
           BY ADVS. DHANYA S NAIR
           E.K.ABDUL SALAM(K/80/2014)
           SRI.NOUSHAD K.A.

       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
   21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. NO.10169 OF 2023
                                 2



                             ORDER

Petitioner faces prosecution in Crime No.308 of

2023 of Kalikavu Police Station, Malappuram District, for

commission of offence under Sections 498(A) and 406 of

the IPC which is now pending as C.C.No.895 of 2023 on the

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

The allegation against the petitioner is that after the

petitioner married the 2nd respondent on 31.10.1999 and

while living as husband and wife, the petitioner, harassed

the 2nd respondent physically and mentally tortured her and

misappropriated her gold ornaments and thereby the

petitioner committed the aforesaid offence.

2. The learned counsel appearing for the petitioner

would submit that the disputes arose on account of other

matrimonial disputes between the petitioner and the 2nd

respondent. It is submitted that all disputes between the

petitioner and the 2nd respondent have been settled, as is

evident from Annexure-A3 affidavit filed by the 2 nd Crl.M.C. NO.10169 OF 2023

respondent. It is submitted that the proceedings against

the petitioner in Crime No.308 of 2023 of Kalikavu Police

Station, Malappuram District, may be quashed on the basis

of settlement.

3. The learned Public Prosecutor confirms that the

issues between the petitioner and the 2nd respondent have

been settled.

4. Having regard to the facts and circumstances of

the case, considering the nature of allegations and taking

into account the contents of Annexure-A3 affidavit filed by

the 2nd respondent and the submissions of the learned

Public Prosecutor, 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.895 of 2023 on the file of the Crl.M.C. NO.10169 OF 2023

Judicial First Class Magistrate Court-I, Manjeri, arising out

of Crime No.308 of 2023 of Kalikavu Police Station,

Malappuram District, will stand quashed as against the

petitioner.

Sd/-

GOPINATH P. JUDGE SSK/21/12 Crl.M.C. NO.10169 OF 2023

APPENDIX OF CRL.MC 10169/2023

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO. 308/2023 OF KALIKAVU POLICE STATION IS PRODUCED Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.

308/2023 OF KALIKAVU POLICE STATION IS PRODUCED Annexure A3 TRUE COPY OF THE AFFIDAVIT DATED 09.11. 2023 SWORN BY THE 2ND RESPONDENT IS PRODUCED