Mohammed Kunhi.K.C Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136921
CourtKerala High Court
Decided OnApr-01-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantMohammed Kunhi.K.C
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph tuesday, the1t day of april201411th chaithra, 1936 crl.mc.no. 1945 of 2014 --------------------------- crime no. 898/2013 of chandera police station , kasaragod ... petitioner(s)/accused: ----------------------------------------- 1. mohammed kunhi.k.c., aged49years, s/o.ahammed, kottayil cheriya house, mavilakadappuram, cheruvathur village, kasaragod district.2. rasheeda, aged33years, w/o. mahin, rasheeda manzil, mavilakadappuram, cheruvathur village, kasaragod district.3. jameela,aged30years, w/o. moidu, padanne, padanne po., hosdurg, kasaragod.4. maimoona, aged37years, w/o. rasaq, residing at poodam manzil, po thuruthi, cheruvathur po, hosdurg, kasaragod district. by adv. sri.suresh kumar kodoth respondents/state and complainant: ---------------------------------------------------------------- 1. state of kerala, represented by the public prosecutor, high court of kerala.2. m.saboora, aged35years, d/o. mohammed kunhi, residing at mubarak manzil, kadamkode, hosdurg, kasaragod district. r1 by public prosecutor smt. laliza r2 by adv. sri.binu george this criminal misc. case having come up for admission on0104-2014, the court on the same day passed the following: kss crl.mc.no. 1945 of 2014 ------------------------------------ appendix petitioner(s)' annexures: -------------------------------------------- annexure1 certified copy of the fir no.898/2013 of chandera police station along with private complaint. annexure2 true copy of the agreement dated222.2014 entired into between the first accused and complainant. respondent(s)' annexures: ------------------------------------------------ n i l /true copy/ p.a.to judge kss thomas p. joseph, j --------------------------------------- crl.m.c.no.1945 of 2014 ---------------------------------------- dated this the 1st day of april, 2014 order petitioners are the husband and sisters of the second respondent at whose instance the chandera police registered crime no.898 of 2013 for the offence under section 498a of the indian penal code. petitioners request to quash the proceeding in view of the settlement reached between the first petitioner and the second respondent.2. i have heard the learned counsel for the petitioners, second respondent and the learned public prosecutor.3. learned public prosecutor submitted that she has not received any instruction from the investigating officer.4. i am inclined to proceed in the matter in view of the nature of allegations made by the second respondent against the petitioners and in view of annexure-2 agreement executed between the first petitioner and the second respondent on 22.02.2014. annexure-1 is the fir in crime no.898 of 2013. that case was registered on a complaint filed by the second respondent before the learned jfm-ii, hosdurg and forwarded to the chandera police for investigation under section 156(3) of the cr.p.c. there, it is alleged that the petitioners subjected crl.m.c.no.1945 of 2014 2 the second respondent to cruelty and thereby committed offences as alleged. in annexure-2, execution of which is admitted by the learned counsel for the second respondent also, it is stated that the disputes among the first petitioner and the second respondent are settled and they have agreed to perform in accordance with the terms and conditions stated in annexure2. annexure-2 also states that the parties have agreed to file a petition in this court to quash crime no.898 of 2013.5. learned counsel for second respondent has submitted that the first petitioner and second respondent are now living together.6. in view of annexure-2, agreement and since the first petitioner and second respondent are living together as man and wife i am satisfied that continuance of the criminal proceeding is unwarranted. in the circumstances, i am inclined to allow the request. application is allowed as under: (i) fir in crime no.898 of 2013 of the chandera police station and further proceedings taken by the police pursuant to the registration of that case are quashed. (ii) c.m.p.no.9911 of 2013 of the learned jfm-ii, crl.m.c.no.1945 of 2014 3 hosdurg filed by the second respondent will stand closed. petitioners shall file a copy of this order in the jfmc-ii, hosdurg and to the officer investigating crime no. 898 of 2013 of the chandera police station. sd/- thomas p. joseph, judge. as /true copy/ p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Crl.MC.No. 1945 of 2014 --------------------------- CRIME NO. 898/2013 OF CHANDERA POLICE STATION , KASARAGOD ... PETITIONER(S)/ACCUSED: ----------------------------------------- 1. MOHAMMED KUNHI.K.C., AGED49YEARS, S/O.AHAMMED, KOTTAYIL CHERIYA HOUSE, MAVILAKADAPPURAM, CHERUVATHUR VILLAGE, KASARAGOD DISTRICT.

2. RASHEEDA, AGED33YEARS, W/O. MAHIN, RASHEEDA MANZIL, MAVILAKADAPPURAM, CHERUVATHUR VILLAGE, KASARAGOD DISTRICT.

3. JAMEELA,AGED30YEARS, W/O. MOIDU, PADANNE, PADANNE PO., HOSDURG, KASARAGOD.

4. MAIMOONA, AGED37YEARS, W/O. RASAQ, RESIDING AT POODAM MANZIL, PO THURUTHI, CHERUVATHUR PO, HOSDURG, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS/STATE AND COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2. M.SABOORA, AGED35YEARS, D/O. MOHAMMED KUNHI, RESIDING AT MUBARAK MANZIL, KADAMKODE, HOSDURG, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. LALIZA R2 BY ADV. SRI.BINU GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Crl.MC.No. 1945 of 2014 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES: -------------------------------------------- ANNEXURE1 CERTIFIED COPY OF THE FIR NO.898/2013 OF CHANDERA POLICE STATION ALONG WITH PRIVATE COMPLAINT. ANNEXURE2 TRUE COPY OF THE AGREEMENT DATED222.2014 ENTIRED INTO BETWEEN THE FIRST ACCUSED AND COMPLAINANT. RESPONDENT(S)' ANNEXURES: ------------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J --------------------------------------- Crl.M.C.No.1945 of 2014 ---------------------------------------- Dated this the 1st day of April, 2014 ORDER

Petitioners are the husband and sisters of the second respondent at whose instance the Chandera Police registered Crime No.898 of 2013 for the offence under Section 498A of the Indian Penal Code. Petitioners request to quash the proceeding in view of the settlement reached between the first petitioner and the second respondent.

2. I have heard the learned counsel for the petitioners, second respondent and the learned Public Prosecutor.

3. Learned Public Prosecutor submitted that she has not received any instruction from the investigating officer.

4. I am inclined to proceed in the matter in view of the nature of allegations made by the second respondent against the petitioners and in view of Annexure-2 agreement executed between the first petitioner and the second respondent on 22.02.2014. Annexure-1 is the FIR in Crime No.898 of 2013. That case was registered on a complaint filed by the second respondent before the learned JFM-II, Hosdurg and forwarded to the Chandera Police for investigation under Section 156(3) of the Cr.P.C. There, it is alleged that the petitioners subjected Crl.M.C.No.1945 of 2014 2 the second respondent to cruelty and thereby committed offences as alleged. In Annexure-2, execution of which is admitted by the learned counsel for the second respondent also, it is stated that the disputes among the first petitioner and the second respondent are settled and they have agreed to perform in accordance with the terms and conditions stated in Annexure2. Annexure-2 also states that the parties have agreed to file a petition in this Court to quash Crime No.898 of 2013.

5. Learned counsel for second respondent has submitted that the first petitioner and second respondent are now living together.

6. In view of Annexure-2, agreement and since the first petitioner and second respondent are living together as man and wife I am satisfied that continuance of the criminal proceeding is unwarranted. In the circumstances, I am inclined to allow the request. Application is allowed as under: (i) FIR in Crime No.898 of 2013 of the Chandera Police Station and further proceedings taken by the Police pursuant to the registration of that case are quashed. (ii) C.M.P.No.9911 of 2013 of the learned JFM-II, Crl.M.C.No.1945 of 2014 3 Hosdurg filed by the second respondent will stand closed. Petitioners shall file a copy of this order in the JFMC-II, Hosdurg and to the officer investigating Crime No. 898 of 2013 of the Chandera Police Station. Sd/- THOMAS P. JOSEPH, JUDGE. AS /True Copy/ P.A. to Judge