Kerala High Court
Afsal 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. 10176 OF 2023
CRIME NO.854/2022 OF Nilambur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT CC 1244/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,NILAMBUR
PETITIONERS/ACCUSED:
1 AFSAL, AGED 33 YEARS S/O ABDURAHMAN,
PALAKKARAPARAMBIL HOUSE, VADAKKEKAI, PALANKARA P.O,
IDAKKARA VILLAGE, MUTHEDAM MALAPPURAM DT-, PIN -
679330
2 AMINA AGED 58 YEARS W/OABDURAHMAN, PALAKKARAPARAMBIL
HOUSE, VADAKKEKAI, PALANKARA P.O,IDAKKARA VILLAGE,
MUTHEDAM MALAPPURAM DT-, PIN - 679330
3 HASEENA AGED 35 YEARS W/O MUHAMMED, MANGATTUTHODIKA
HOUSE KULAVATTOM,KARULAI MALAPPURAM DT-, PIN
- 679330
4 AYISHABI AGED 35 YEARS W/O MUHAMMED CHETTUMANNIL
HOUSE,VADAKKEKAI, PALANKARA P.O, IDAKKARA
VILLAGE,MUTHEDAM, MALAPPURAM-, PIN - 679330
BY ADVS. SADIQALI.M DELLA ABRAHAM
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 MUSAINA AGED 25 YEARS D/O MUHAMMEDKUTTY, PULLATT
HPOUSE,EPPOOTTINGAL,MAMPAD PO,PULLIPADAM-
MAMPAD ,MALAPPURAM-, PIN - 676542
BY ADV DHANYA S NAIR
SRI G. SUDHEER (PP)
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.10176 OF 2023
2
ORDER
Petitioners face prosecution in Crime No.854 of
2022 of Nilambur Police Station, Malappuram District, for
commission of offence under Sections 498(A), 406 and 34
of the IPC which is now pending as C.C.No.1244 of 2022 on
the file of the Judicial First Class Magistrate Court,
Nilambur. The allegation against the petitioners is that
after the 1st petitioner married the 2nd respondent on
29.08.2019 and while living as husband and wife, the
petitioners, harassed the 2nd respondent physically and
mentally tortured her and demanded more dowry and
thereby the petitioners committed the aforesaid offence.
2. The learned counsel appearing for the petitioners
would submit that the disputes arose on account of other
matrimonial disputes between the 1st petitioner and the 2nd
respondent. It is submitted that all disputes between the
petitioners and the 2nd respondent have been settled, as is
evident from Annexure-A3 affidavit filed by the 2 nd
Crl.M.C. NO.10176 OF 2023
respondent. It is submitted that the proceedings against
the petitioners in Crime No.854 of 2022 of Nilambur Police
Station, Malappuram District, may be quashed on the basis
of settlement.
3. The learned Public Prosecutor confirms that the
issues between the petitioners 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
petitioners can be quashed on the basis of settlement. No
public interest will be served by continuing with the
proceedings against the petitioners.
Accordingly, this Crl.M.C is allowed and all further
proceedings in C.C.No.1244 of 2022 on the file of the
Crl.M.C. NO.10176 OF 2023
Judicial First Class Magistrate Court, Nilambur, arising out
of Crime No.854 of 2022 of Nilambur Police Station,
Malappuram District, will stand quashed as against the
petitioners.
Sd/-
GOPINATH P.
JUDGE
SSK/21/12
Crl.M.C. NO.10176 OF 2023
APPENDIX OF CRL.MC 10176/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO854 OF 2022 OF NILAMBUR POLICE STATION,
MALAPPURAM DISTRICT IS PRODUCED
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO854
OF 2022 OF NILAMBUR POLICE STATION, MALAPPURAM
DISTRICT IS PRODUCED
Annexure 3 AFFIDAVIT DATED 16.11.2023 SWORN BY THE 2ND
RESPONDENT IS PRODUCED
