Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 CRL.MC NO. 9984 OF 2023 CRIME NO.432/2022 OF Kalpetta Police Station, Wayanad AGAINST THE ORDER/JUDGMENT CC 376/2022 OF CHIEF JUDICIAL MAGISTRATE , KALEPETTA PETITIONERS/ACCUSED:
1 HUSSAIN, AGED 31 YEARS S/O. AMMAD, MALAYIL HOUSE, PAZHANJANA, VELLAMUNDA, WAYANAD DIST, PIN - 670731 2 AMMAD, AGED 71 YEARS S/O. HASAN MUSALIYAR, MALAYIL HOUSE, PAZHANJANA, VELLAMUNDA, WAYANAD DIST., PIN - 3 ASIYA, AGED 61 YEARS W/O. AMMAD, MALAYIL HOUSE, PAZHANJANA, VELLAMUNDA, WAYANAD DIST.,, PIN - 670731 BY ADV CELINE JOSEPH
RESPONDENTS/STATE & CW1: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SAHLA SHARMIN C AGED 22 YEARS D/O. UMMER, CHOMAYIL HOUSE, PARALIKKUNNU, MADAKKIMALA P.O., MUTTIL NORTH VILLAGE, VYTHIRI TALUK, WAYANAD DIST, PIN - 673122 SRI. G. SUDHEER (PP) SMT.M.R.JAYALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petitioners face prosecution in Crime No.432 of 2022 of Kalpetta Police Station, Wayanad District, for commission of offence under Sections 498(A), 354, 354(A)2, 406 r/w Section 34 of the IPC which is now pending as C.C.No.376 of 2022 on the file of the Chief Judicial Magistrate Court, Kalpetta. The allegation against the petitioners is that after the 1st petitioner married the 2nd respondent on 02.11.2020 and while living as husband and wife, the petitioners, harassed the 2 nd 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-D affidavit filed by the 2nd respondent. It is submitted that the proceedings against the petitioners in Crime No.432 of 2022 of Kalpetta Police Station, Wayanad 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-D 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.376 of 2022 on the file of the Chief Judicial Magistrate Court, Kalpetta, arising out of Crime No.432 of 2022 of Kalpetta Police Station, Wayanad District, will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE SSK/22/12 APPENDIX OF CRL.MC 9984/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE FIR AND F.I. STATEMENT DATED 16.05.2022 OF THE KALPETTA POLICE STATION. Annexure B CERTIFIED COPY OF THE FINAL REPORT DATED 29.10.2022 OF THE KALPETTA POLICE STATION. Annexure C TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME NO. Annexure D TRUE COPY OF THE AFFIDAVIT DATED 09.10.2023 AFFIRMED BY THE RESPONDENT NO.2