Muhammad Shahid vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 30, 2020

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Citation: sooperkanoon.com/1760821
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar
Decided On: Jun 30, 2020
Case Number: Crl.MC/2381/2020

Parties & Advocates

Appellant / Petitioner

Muhammad Shahid

Respondent

State of Kerala

Excerpt

.....the judicial first class magistrate court, kalamassery.2. the petitioners are the accused in the said case. the case was one registered under sections 498a read with section 34 of the indian penal code.3. it is seen that the petitioners and the de facto complainant have amicably settled the disputes. an affidavit sworn to by the de facto complainant to that effect is part of the records.4. heard the learned counsel for the petitioners, the learned public prosecutor as also the learned counsel for the de facto complainant. crl.m.c.no.2381 of 2020 45. it is seen that the dispute arose on account of thematrimonial discord between the de facto complainant and her husband, the first accused. though the matter is settled between the parties, i have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decisions of the apex court in jitendra raghuvanshi v. babita raghuvanshi, (2013) 4 scc 58 and gian singh v. state of punjab, (2012) 10 scc 303, invoking the jurisdiction under section 482 of the code of criminal procedure. in the result, the crl.m.c. is allowed and annexure - a2 first information report and all further proceedings pursuant thereto in crime no.1582 of 2016 of kalamassery police station including all further proceedings in c.c.no.2026 of 2016 pending before the judicial first class magistrate court, kalamassery are quashed. sd/- p.b.suresh kumar, judge. dk crl.m.c.no.2381 of 2020 5 appendix petitioners' exhibits: annexure a1 certified copy complaint field by the 2nd respondent before the kalamassery police station. annexure a2 true copy of the first information report in crime no. 1582/2016 of kalamassery police station against the petitioners. annexure a3 true copy of the judgment dated 15.12.2016 in wpc no. 36947/2016 of this honble court. annexure a4 true copy of the order dated 20.3.2017 in review petition no. 216/2017 before the hon'ble court for reviewing the annexure a3.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 Crl.MC.No.2381 OF 2020(G) PROCEEDINGS IN C.C.NO.2026/2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY CRIME NO.1582/2016 OF KALAMASSERY POLICE STATION PETITIONERS/ACCUSED 1 TO 4:
1 MUHAMMAD SHAHID AGED 30 YEARS S/O. BACKAR, KALLEPPURAM HOUSE, POTTACHALIPADAM ROAD, CHANGAPUZHA NAGAR P.O. THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682 033. 2 NAVAS, AGED 40 YEARS S/O. BACKAR, KALLEPPURAM HOUSE, POTTACHALIPADAM ROAD, CHANGAPUZHA NAGAR P.O. THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 033. 3 AIFATHIMA NAVAS, AGED 30 YEARS W/O. NAVAS KALLEPPURAM HOUSE, POTTACHALIPADAM ROAD, CHANGAPUZHA NAGAR P.O. THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT 682 033. Crl.M.C.No.2381 of 2020 2 4 BACKAR, AGED 65 YEARS S/O. MUHAMMAD, KALLEPPURAM HOUSE, POTTACHALIPADAM ROAD, CHANGAPUZHA NAGAR P.O. THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 033. BY ADV. SRI.M.A.SHIHAB RESPONDENTS/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION KALAMASSERY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 RABIYA.R.A, AGED 28 YEARS W/O. MUHAMMAD SHAHID, RABIYA MANZIL, PERINGALA P.O.KUMARAPURAM, ERNAKULAM DISTRICT - 683 033.

R2 BY SRI. IBRAHIM.P.A R1 BY SRI RAMESH CHAND, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.06.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.2381 of 2020 3 Crl.M.C.No.2381 of 2020 -----------------------------------------------

ORDER

This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A2 First Information Report and all further proceedings pursuant thereto in Crime No.1582 of 2016 of Kalamassery Police Station including all further proceedings in C.C.No.2026 of 2016 pending before the Judicial First Class Magistrate Court, Kalamassery.

2. The petitioners are the accused in the said case. The case was one registered under Sections 498A read with Section 34 of the Indian Penal Code.

3. It is seen that the petitioners and the de facto complainant have amicably settled the disputes. An affidavit sworn to by the de facto complainant to that effect is part of the records.

4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the de facto complainant. Crl.M.C.No.2381 of 2020 4

5. It is seen that the dispute arose on account of the

matrimonial discord between the de facto complainant and her husband, the first accused. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decisions of the Apex Court in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking the jurisdiction under Section 482 of the Code of Criminal Procedure. In the result, the Crl.M.C. is allowed and Annexure - A2 First Information Report and all further proceedings pursuant thereto in Crime No.1582 of 2016 of Kalamassery Police Station including all further proceedings in C.C.No.2026 of 2016 pending before the Judicial First Class Magistrate Court, Kalamassery are quashed. Sd/- P.B.SURESH KUMAR, JUDGE. DK Crl.M.C.No.2381 of 2020 5 APPENDIX PETITIONERS' EXHIBITS: ANNEXURE A1 CERTIFIED COPY COMPLAINT FIELD BY THE 2ND RESPONDENT BEFORE THE KALAMASSERY POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1582/2016 OF KALAMASSERY POLICE STATION AGAINST THE PETITIONERS. ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN WPC NO. 36947/2016 OF THIS HONBLE COURT. ANNEXURE A4 TRUE COPY OF THE ORDER DATED 20.3.2017 IN REVIEW PETITION NO. 216/2017 BEFORE THE HON'BLE COURT FOR REVIEWING THE ANNEXURE A3 JUDGMENT. ANNEXURE A5 AFFIDAVIT GIVEN BY THE 2ND RESPONDENT

STATING THAT THE DISPUTE BETWEEN THE PETITIONERS AND 2ND RESPONDENT SETTLED AND 1ST PETITIONER AND 2ND RESPONDENT STARTED TO LIVE TOGETHER AS HUSBAND AND WIFE. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE DK

Same Court & Year Kerala Orders · 2020 Same Parties Muhammad Shahid vs State of Kerala Same Judge Honourable Mr. Justice P.B.Suresh Kumar