Kerala High Court
Muhammed Anwar.A vs State Of Kerala on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
CRL.MC NO. 4156 OF 2024
CRIME NO.461/2023 OF Kalikavu Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT IN CC NO.1351 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/ACCUSED 1 TO 3:
1 MUHAMMED ANWAR.A
AGED 29 YEARS
S/O ABDUL KAREEM, AKKARAMMEL, THUVUR,
PALAKKALVETTA.P.O, NILAMBUR TALUK, MALAPPURAM
DISTRICT., PIN - 679327
2 RAIHANATH
AGED 56 YEARS
W/O ABDUL KAREEM, AKKARAMMEL, THUVUR,
PALAKKALVETTA.P.O, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 679327
3 ABDUAL KAREEM
AGED 58 YEARS
S/O MUHAMMED, AKKARAMMEL, THUVUR,
PALAKKALVETTA.P.O, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 679327
BY ADV R.UMASANKAR
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 ARSHINA.P
AGED 21 YEARS
D/O ALAVI.P, PARAPPAN HOUSE, KAVUNGAL, VELLAYUR,
KALIKAVU, MALAPPURAM DISTRICT, PIN - 679327
BY ADV P.ARUN KUMAR (MONCOMPU)
OTHER PRESENT:
CRL.MC NO.4156 OF 2024
2
SR PP RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO.4156 OF 2024
3
ORDER
Dated this the 27th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
the further proceedings in Annexure 1 FIR and Annexure 2
Final Report in C.C.No. 1351 of 2023 on the files of the Judicial
First Class Magistrate Court- I, Manjeri, arose out of Crime No.
461 of 2023 of Kalikavu Police Station, Malappuram. The
petitioners are accused Nos. 1 to 3 in this case.
2. Heard the learned counsel for the petitioners, the
learned counsel appearing for the de facto complainant and
the learned Public Prosecutor.
3. In this matter, offences punishable under Sections
498A and 406 read with Section 34 of the Indian Penal Code,
are alleged to have been committed by the accused.
4. It is submitted that the matter has been amicably
settled and the de facto complainant filed affidavit in this
regard in a case involving matrimonial dispute.
5. The learned Public Prosecutor also submitted
CRL.MC NO.4156 OF 2024
that the matter has been settled between the parties and
statement of the de facto complainant to that effect has
been recorded.
6. Since the dispute has been settled between the
parties, there is no reason to disallow the prayer for
quashment, so as to facilitate peaceful living of the
parties hereinafter. Therefore, in the interest of justice, I
am inclined to allow this petition.
In the result, this petition stands allowed and all
further proceedings in Annexure 1 F.I.R and Annexure 2
Final Report in C.C.No. 1351 of 2023 on the files of the
Judicial First Class Magistrate Court- I, Manjeri, arose out
of Crime No. 461 of 2023 of Kalikavu Police Station,
Malappuram , stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
Mms
CRL.MC NO.4156 OF 2024
PETITIONERS ANNEXURES
Annexure1 COPY OF THE F.I.R IN CRIME NO.461/2023
DATED 24.06.2023 OF KALIKAVU POLICE
STATION.
Annexure2 COPY OF THE FINAL REPORT IN CRIME
NO.461/2023 DATED 17.07.2023 OF KALIKAVU
POLICE STATION.
Annexure3 COPY OF AGREEMENT FOR TERMINATION OF
MARRIAGE BETWEEN 1ST PETITIONER AND 2ND
RESPONDENT DATED 12.03.2024.
Annexure4 AFFIDAVIT DATED 25.04.2024 SWORN BY THE
2ND RESPONDENT.
