Quashed

Abdul Manaf v. State of Kerala

Kerala HC4 Oct 2012Crl.MC/2450/2012

Case brief

AI extract

What is this about?

The High Court of Kerala, while hearing a criminal miscellaneous petition, quashed proceedings in CC. 385/2011. Relying on a magistrate's enquiry report confirming a voluntary settlement and genuine intention of reconciliation, the Court held that continuing criminal proceedings would rupture the renewed matrimonial relationship and denied augur well for justice.

What did the court decide?

Criminal proceedings against the petitioners/accused in C.C. No. 385 of 2011 are quashed under Section 482 of the Code of Criminal Procedure.

Abdul Manaf 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 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934

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Crl.MC.No. 2450 of 2012 (A)

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IN CC.385/2011 of J.M.F.C.-I,THAMARASSERY

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PETITIONERS /ACCUSED : -

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1. ABDUL MANAF, AGED 29 YEARS, S/O. AHMED KUTTY, PARAKKANDIYIL, PARAPPAN POYIL, THAMARASSERY.

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2. AHMEDKUTTY, AGED 65 YEARS, S/O. MOOTHAYI HAJI, PARAKKANDIYIL, PARAPPAN POYIL, THAMARASSERY.

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3. SAFFIYA , AGED 50 YEARS, W/O. AHMED KUTTY, PARAKKANDIYIL, PARAPPAN POYIL, THAMARASSERY.

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BY ADV. SRI.K.A.SALIL NARAYANAN

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RESPONDENTS /STATE & COMPLAINANT : -

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. RASHEEDA, AGED 24 YEARS, W/O. ABDUL MANAF, ARATTUCHALIL, VIZHUPPUR, THAMARASSERY, KOZHIKODE DISTRICT-673 001.

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R2 BY ADV. SRI.B.HARISH KUMAR R1 BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2450 of 2012 (A)

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE 1 : COPY OF THE FINAL REPORT IN C.C. 385/11 OF THE J.F.C.M.-I, THAMARASSERY.

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ANNEXURE 2 : AFFIDAVIT SWORN TO BY THE SECOND 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. 2450 of 2012

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Dated this the 04^th day of October, 2012

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ORDER

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Read the order dated 10.09.2012. In compliance of that order conducting enquiry on the joint application moved by the parties, the magistrate has sent a report stating that he is satisfied from the enquiry conducted that the de facto complainant has voluntarily and on free consent entered into the settlement resolving all matrimonial disputes with her husband. The magistrate has also reported that the representation made by the husband before him to take his wife and son to his place of employment in Gulf Country appeared to be genuine and convincing. Having regard to the report so filed and taking note that the crime involved has arisen from the matrimonial disputes between the spouses, in the light of the settlement reached by the parties, I find continuation of the criminal proceedings against the petitioners does not augur well for justice. If the

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Crl.M.C. NO. 2450 of 2012

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proceedings are continued then that will result only in rupturing the renewed matrimonial relationship between the spouses. That also being taken note of, the criminal proceedings against the petitioners/accused persons in C.C. No.385 of 2011 on the file of the Judicial First Class Magistrate-I, Thamarassery, 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 Manaf v. State of Kerala

Case brief

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Abdul Manaf v. State of Kerala

Case brief

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