Allowed

Najma and Another v. State of Kerala and Another

Kerala HC23 Jun 2011Crl.MC/529/2011

Case brief

AI extract

What is this about?

Accused challenged FIRs registered for offences under Sections 498A/34 IPC, Sections 294(b)/506 IPC. Court noted settlement at mediation and allowed petitions, quashing proceedings and FIRs, mandating payment of mediator fee.

What did the court decide?

FIRs and proceedings in Crime Nos. 278/2009 and 426/2011 quashed; cognizance in C.C. No. 399/2009 quashed; parties to pay mediator fee of Rs.20,000.

Najma and Another Vs State of Kerala and Another — Kerala HC (2011) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933

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Crl.MC.No. 529 of 2011()

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------------------------------------(CRIME NO.278/2009 OF MATTANCHERY POLICE STATION, ERNAKULAM DISTRICT)

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PETITIONER(S): ACCUSED 2 & 3:

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------------------------------------------------1. NAJMA, AGED 58 YEARS, W/O.MUSTAFFA, RAHMAT MANZIL, CC 6/1306, NEAR JAIN TEMPLE ROAD, MATTANCHERY.

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2. MUSTAFFA, AGED 60 YEARS, S/O.V.K.KAYEE, RAHMAT MANZIL, CC 6/1306, NEAR JAIN TEMPLE ROAD,MATTANCHERY.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): COMPLAINANT:

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--------------------------------------------------------

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1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.278/2009 OF MATTANCHERY POLICE STATION, ERNAKULAM DISTRICT).

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2. HANA AMIR ALI, AMEER VILLA, CHELARI, THENHIPPALAM P.O., THENHIPPALAM VILLAGE, MALAPPURAM DISTRICT, PIN-670 604.

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R1 BY PUBLIC PROSECUTOR SRI. JAYASURYA R2 BY ADVS. SRI.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/06/2011 ALONG WITH CRMC.NO.1802 OF 2011 AND WPC.NO.1834 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

CRMC.NO.529/2011

APPENDIX

PETITIONER'S EXHIBITS:

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ANNEX.1: COPY OF THE FIRST INFORMATION STATEMENT ALONG WITH FIRST INFORMATION REPORT IN CRIME NO.278/2009 OF MATTANCHERY POLICE STATION.

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ANNEX.2: COPY OF THE FINAL REPORT IN CRIME NO.278/2009. ANNEX.3: COPY OF THE AGREEMENT PREPARED BETWEEN THE FIRST ACCUSED AND DEFACTO COMPLAINANT.

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ANNEX.4: COPY OF RECEIPT SIGNED BY HANA.

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RESPONDENT'S ANNEXURES: N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

THOMAS P.JOSEPH, J.

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==================================== Crl. M.C. Nos.529, 1802 & 1834 of 2011

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==================================== Dated this the 23^rd day of June, 2011

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O R D E R

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These petitions are filed by the accused in Crime No.278 of 2009 of Mattancherry Police Station and Crime No.426 of 2011 of Thoppumpady Police Station. Criminal Miscellaneous Case No.529 of 2011 is filed by accused 2 and 3 in Crime No.278 of 2009 while Crl.M.C. No.1802 of 2011 is filed by the first accused in that Crime registered for offences punishable under Section 498A read with 34 of

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the Indian Penal Code. Crl.M.C. No.1834 of 2011 is filed by the accused in Crime No.426 of 2011 registered for offences punishable under Sections 294(b) and 506(ii) of the Indian Penal Code. Petitioners challenge the FIRs in the said cases on various grounds. When the matter came up for hearing all the cases were sent to the Mediation Centre for consideration. Parties have settled the dispute in the Mediation and accordingly, the Mediator has submitted a report stating that mediation was successful. Parties also executed an agreement between them. I have heard learned counsel on both sides and the learned Public Prosecutor.

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Fact of settlement is confirmed before me by counsel on

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CRL.M.C. No.529 of 2011 & connected cases

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-: 2 :-

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both sides. In the light of submission and agreement executed among the parties it is not necessary to continue the prosecution. Hence I am inclined to allow these petitions.

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Resultantly, Criminal Miscellaneous Cases are allowed on the following lines:

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(i) Crl. M.C. No.1834 of 2011 is allowed. Annexure-I, FIR in Crime No.426 of 2011 of Thoppumpady Police Station and proceeding taken pursuant to it against petitioners are quashed.

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(ii) Crl. M.C. No.529 of 2011 and 1802 of 2011 are allowed. Annexure-2, final report in Crime No.278 of 2009 of Mattancherry Police Station, cognizance taken thereon and proceeding in C.C. No.399 of 2009 of the court of learned Judicial First Class Magistrate-II, Kochi against petitioners are quashed.

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(iii) Agreement executed between the parties at the Mediation Centre shall be treated as part of this order.

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CRL.M.C. No.529 of 2011 & connected cases

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-: 3 :-

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(iv) Petitioners and second respondent shall

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pay a sum of Rs.20,000/- (Rupees Twenty thousand only) to the Mediator for the services rendered by her which shall be shared by petitioners and first respondent equally (Rs.10,000/- each).

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THOMAS P. JOSEPH, JUDGE.

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vsv

Najma and Another v. State of Kerala and Another

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Najma and Another v. State of Kerala and Another

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