Quashed

Abdul Rafeeque.M.a. v. State of Kerala

Kerala HC11 Oct 2012Crl.MC/2384/2012

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal matter, considered a petition to quash criminal proceedings based on a joint compromise. Noting the settlement of matrimonial disputes and relying on a Supreme Court precedent, the court held that continuing prosecution would not serve justice.

What did the court decide?

Criminal proceedings against the petitioner in C.C. No.271 of 2012 before the Chief Judicial Magistrate, Kasaragod, are quashed under Section 482 of the Code of Criminal Procedure.

Abdul Rafeeque.M.a. Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2012)

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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 S.S.SATHEESACHANDRAN

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THURSDAY, THE 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934

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Crl.MC.No. 2384 of 2012 (C)

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IN LPC.39/2010 of C.J.M.,KASARAGOD

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PETITIONER / ACCUSED: -

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ABDUL RAFEEQUE.M.A., AGED 35 YEARS, S/O.ABDUL RAHMAN, AHAMED MANZIL, THALNGARA KANDATHIL PALLI, THALANGARA POST AND VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT.

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BY ADV. SRI.S.JIJI

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RESPONDENTS/STATE, DEFACTO COMPLAINANT: -

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1. STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, KASARAGOD POLICE STATION, KASARAGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. NUSAIBA C.A., AGED 23 YEARS, D/O.ABDULLA C.M., FATHAH NAGAR, HIDAYATH NAGAR POST, MUTTATHODY VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT, (NOW RESIDING AT C/O.HAFSA, FASEELA MANZIL, THALANGARA PADINHAR, THALANGARA POST AND VILLAGE, KASARAGOD DISTRICT.

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R2 BY ADV. SMT.C.G.PREETHA R1 BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2384 of 2012 (C)

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE A1 : TRUE COPY OF THE FINAL REPORT IN LPC NO.39/2010 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. ANNEXURE A2 : JOINT COMPROMISE EXECUTED BETWEEN THE PARTIES DATED 28.5.2012.

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ANNEXURE A3 : AFFIDAVIT DATED 28.5.2012 SWORN BY THE 2^nd RESPONDENT.

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RESPONDENTS' ANNEXURES : NIL.

// TRUE COPY //

P.A. TO JUDGE

DMR/-

S.S.SATHEESACHANDRAN,J.

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Crl.M.C. NO. 2384 of 2012

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Dated this the 11^th day of October, 2012

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ORDER

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Read the order dated 07.09.2012. Learned Chief Judicial Magistrate, Kasaragod, has been directed to conduct an enquiry, if any application is moved before him by the parties within the time fixed, to ascertain whether the second respondent/de facto complainant has resolved and settled the matrimonial disputes giving rise to the registration of the

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crime and prosecution of the accused for the offences imputed, voluntarily and on free consent. Learned magistrate has now sent a report stating that on the application jointly moved by the parties, as directed, an enquiry was conducted and in such enquiry the second respondent was also examined. The report would indicate that the magistrate was satisfied from such enquiry that second respondent has settled the disputes voluntarily. In the light of the settlement arrived by the parties and taking note of the decision

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Crl.M.C. NO. 2384 of 2012

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rendered by the apex court in Gian Singh V. State of Punjab [2012 (4) KLT 108 (SC)] , I find that continuation of the criminal proceedings against the petitioner will not be conducive to justice. Settlement effected by the parties deserve to be taken due note of. Criminal proceedings against the petitioner/accused in C.C. No.271 of 2012 on the file of the Chief Judicial Magistrate, Kasaragod, are quashed under Section 482 of the Code of Criminal Procedure.

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Crl.M.C. is disposed of.

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S.S.SATHEESACHANDRAN JUDGE.

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DMR /-

Abdul Rafeeque.M.a. v. State of Kerala

Case brief

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Abdul Rafeeque.M.a. v. State of Kerala

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