Kerala High Court
Ajas K. @ Thah vs Ashida on 3 September, 2024
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CRL.MC No. 6707 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
CRL.MC NO. 6707 OF 2024
CRIME NO.409/2013 OF VECHOOCHIRA POLICE STATION,
PATHANAMTHITTA IN CC NO.705 OF 2014 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, RANNI
PETITIONERS/ACCUSED NOS.1,3 & 4:
1 AJAS K. @ THAH
AGED 37 YEARS, S/O THAMPI RAVUTHAR,
KANNAMATHANAM HOUSE,
CHATHANTHARA PLAVELINIRAVU, KUNNAM MURI,
KOLLAMULA VIHAGE, RANNI,
PATHANAMTHITTA, PIN-689672
2 JASMIN,
AGED 55 YEARS, W/O THAMPI RAVUTHAR,
KANNAMATHANAM HOUSE,
CHATHANTHARA PLAVELINIRAVU, KUNNAM MURI,
KOLLAMULA VILLAGE, RANNI,
PATHANAMTHITTA, PIN-689572
3 THOUFEEK,
AGED 35 YEARS, S/O THAMPJ RAVUTHAR,
KANNAMATHANAM HOUSE,
CHATHANTHARA PLAVELINIRAVU, KUNNAM MURI,
KOLLAMULA VILLAGE, RANNI,
PATHANAMTHITTA, PIN-689672
BY ADV N.A.SHAFEEK
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CRL.MC No. 6707 of 2024
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RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 ASHIDA,
AGED 34 YEARS, D/O P.M. RAHIM,
PUTHUPARAMBH HOUSE,
PUTHENCHANDA, MUNDAKAYAMMURI,
ERUMELI NORTH VILLAGE, KANJJRAPPILLY TALUK,
KOTTAYAM, PIN-586506
2 ASHKAR RAHIM,
AGED 42 YEARS, S/O P.M. RAHIM,
PUTHUPARAMBH HOUSE,
PUTHENCHANDA, MUNDAKAYAMMURI,
ERUMEH NORTH VILLAGE, KANJIRAPPILLY TALUK,
KOTTAYAM, PIN-686506
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682031
R3 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC No. 6707 of 2024
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ORDER
Dated this the 3rd day of September, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
all further proceedings pursuant to Annexure A Final Report in
Crime No.409/2013 of Vechuchira Police Station,
Pathanamthitta, now pending as C.C. No.705/2014 on the files
of the Judicial First Class Magistrate Court, Ranni. Petitioners
herein are accused Nos.1, 3 and 4 in the above case.
2. Heard the learned counsel for the petitioners,
the learned counsel appearing for the defacto complainant and
the learned Public Prosecutor.
3. In this matter, offences punishable under
Sections 498A, 323, 506(ii), 294(b) read with 34 of the Indian
Penal Code are alleged to have been committed by the accused
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and the defacto complainant is none other than the wife of the
1st accused.
4. An affidavit sworn by the defacto complainant
has been placed stating that the matter has been settled in
between them and she has no grievance in the matter of
quashing the proceedings.
5. The learned Public Prosecutor also submitted
that the matter has been settled between the parties and
statement of the defacto complainant to that effect has been
recorded.
6. Since the matter has been settled, there is no
reason to disallow the prayer for quashment, so as to facilitate
peaceful living of the married couple. Therefore, in the interest
of justice, I am inclined to allow this petition.
In the result, this petition stands allowed. Annexure A
Final Report in Crime No.409/2013 of Vechuchira Police
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Station, Pathanamthitta, now pending as C.C. No.705/2014 on
the files of the Judicial First Class Magistrate Court, Ranni and
the proceedings thereof as against the petitioners/accused
Nos.1, 3 and 4 stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
bpr
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PETITIONERS' ANNEXURES
Annexure A CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO. 705/2014 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT
RANNI ARISING FROM CRIME NO.409/2013 OF
VECHUCHIRA POLICE STATION,
Annexure B THE TRUE COPY OF THE DEATH CERTIFLCATE
DATED 30.07.2018 OF THAMBI,THE FATHER OF
1ST PETITIONER
Annexure C THE TRUE COPY OF THE JUDGMENT DATED
30.09.2023 IN O.P.(MMA)
NO.830/2023,FAMILY COURT,PATHANAMTHITTA
Annexure D THE TRUE COPY OF THE AFFIDAVIT OF THE
LST RESPONDENT/DE FACTO COMPLAINANT WIFE
,DATED 17.5.2024
