Ayisha vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2019

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Citation: sooperkanoon.com/1877044
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 30, 2019
Case Number: Crl.MC/1742/2019

Parties & Advocates

Appellant / Petitioner

Ayisha

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice ashok menon tuesday, the 30th day of april 2019 / 10th vaisakha, 1941 crl.mc.no. 1742 of 2019 crime no. 868/2018 of mannarkkad police station petitioner/accused: ayisha, aged 33 years, d/o. moideen, kulathoor house, kodathipadi, mannarkkad, palakkad. by advs. sri.k.mohanakannan smt.t.v.neema respondents/state & defacto complainant: 1 state of kerala represented by the public prosecutor, high court of kerala, ernakulam, kochi-682031. 2 abdul kareem aged 39 years, s/o. yusuf, chelodan house, kolappadam, mannarkkad, palakkad district-678582. by adv. sri.h.praveen (kottarakara)for r2 other present: smt. k k sheeba, pp this criminal misc. case having come up for admission on 30.04.2019, the court on the same day passed the following: -2-orderpetitioner is the sole accused in crime no.868/2018 of mannarkkad police station for having allegedly committed offence punishable under sections 294b and 379 of the indian penal code, for having allegedly stolen a mobile phone.2. it is submitted that the petitioner and the defactocomplainant were married and separated. the defacto complainant is represented by counsel before this court and submits that the matter has been settled between the parties.3. considering the fact that the matter has been settledbetween the parties and that the defacto complainant has given a statement before the investigating officer about which the learned public prosecutor has submitted, i find that there is no point in proceedings with the above matter further. in the result, this crl.mc is allowed and the entire proceedings in crime no.868/2018 of mannarkkad police station would stand quashed under section 482 of the cr.pc. sd/- ashok menon judge jg -3- appendix petitioner's/s exhibits: annexure a1 true copy of the fir in crime 868/2018 of mannarkkad police station. annexure a2 original copy of the affidavit dated 1-2-2019 sworn by the 2nd respondent. //true copy//

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 Crl.MC.No. 1742 of 2019 CRIME NO. 868/2018 OF Mannarkkad Police Station PETITIONER/ACCUSED: AYISHA, AGED 33 YEARS, D/O. MOIDEEN, KULATHOOR HOUSE, KODATHIPADI, MANNARKKAD, PALAKKAD. BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2 ABDUL KAREEM AGED 39 YEARS, S/O. YUSUF, CHELODAN HOUSE, KOLAPPADAM, MANNARKKAD, PALAKKAD DISTRICT-678582. BY ADV. SRI.H.PRAVEEN (KOTTARAKARA)FOR R2 OTHER PRESENT: SMT. K K SHEEBA, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

Petitioner is the sole accused in Crime No.868/2018 of Mannarkkad Police Station for having allegedly committed offence punishable under Sections 294b and 379 of the Indian Penal Code, for having allegedly stolen a mobile phone.

2. It is submitted that the petitioner and the defacto

complainant were married and separated. The defacto complainant is represented by counsel before this Court and submits that the matter has been settled between the parties.

3. Considering the fact that the matter has been settled

between the parties and that the defacto complainant has given a statement before the investigating officer about which the learned Public Prosecutor has submitted, I find that there is no point in proceedings with the above matter further. In the result, this Crl.MC is allowed and the entire proceedings in Crime No.868/2018 of Mannarkkad Police Station would stand quashed under Section 482 of the Cr.PC. Sd/- ASHOK MENON JUDGE jg -3- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME 868/2018 OF MANNARKKAD POLICE STATION. ANNEXURE A2 ORIGINAL COPY OF THE AFFIDAVIT DATED 1-2-2019 SWORN BY THE 2ND RESPONDENT. //TRUE COPY//

Same Court & Year Kerala · 2019 Same Parties Ayisha vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon