Quashed

Ashraf v. State of Kerala

Kerala HC12 Jun 2014Crl.MC/2995/2014

Case brief

AI extract

What is this about?

The petitioner, accused of sexual intercourse under Section 376 IPC following a broken marriage promise, challenged the criminal proceedings via Criminal Misc. Case. The High Court of Kerala, noting the de facto complainant's affidavit stating the case affects her future and that the matter is settled, quashed the proceedings in Crime No. 167/2013.

What did the court decide?

The proceedings in Crime No. 167/2013 of Cusba Police Station are quashed.

Ashraf Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY, THE 12TH DAY OF JUNE 2014/22ND JYAISHTA, 1936

¶5

Crl.MC.No. 2995 of 2014

¶6

CRIME NO. 167/2013 OF CASABA POLICE STATION , KOZHIKODE

¶7

PETITIONER(S)/ACCUSED:

¶8

ASHRAF.K.P., AGED 36 YEARS S/O.MOIDU, KANDAPPACHAL HOUSE, VELLAMUNDA P.O. WAYANAD DISTRICT.

¶9

BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL

¶10

RESPONDENT(S)/COMPLAINANT & DEFACTO COMPLAINANT:

¶11

1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CUSBA POLICE STATION, KOPZHZIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶12

2. MS.SUHARA, AGED 33 YEARS,

¶13

D/O.MUHAMMAD, CHELAMKUNNUMMAL HOUSE, PUTHOOR P.O. KODUVALLY VIA, MALAPPURAM DISTRICT-689002.

¶14

R2 BY ADV. SRI.RAJ MOHAN R.PILLAI R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

¶17

Crl.MC.No. 2995 of 2014

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

ANNEXURE-I. CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 26/2/2013 IN CRIME NO.167/2013 IN CUSBA POLICE STATION, KOZHIKODE.

¶21

ANNEXURE-2. CERTFIED COPY OF THE STATEMENT MADE BY THE DEFACTO COMPLAINT BEFORE THE SUB INSPECTOR OF POLICE, WOMEN CELL, KOZHIKODE DATED 13/2/2013.

¶22

ANNEXURE-3. NOTARIZED COPY OF THE AFFIDAVIT SIGNED BY THE DEFACTO COMPLAINT DATED 30/5/2014.

¶23

RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K. ABRAHAM MATHEW, J.

¶29

Cr.M.C. No. 2995 of 2014

¶30

Dated this the 12^th day of June, 2014

¶31

ORDER

¶32

Petitioner is the accused in Crime No. 167/2013 of Cusba Police Station. The allegation against him is that he made a false promise to the de facto-complainant that he would marry her and had sexual intercourse with her. Later he refused to marry her and has thus committed the offences under Section 376 I.P.C. It is submitted that the matter has been settled between the parties and the proceedings in the Criminal Case may be quashed.

¶33

The de facto-complainant is the second respondent. He has filed an affidavit to the effect that the pendency of the criminal case affects her future prospects and she does not want to proceed with the case and the matter has been settled between the parties.

¶34

I am satisfied that the ground urged in the petition is sufficient to quash the proceedings.

¶35

In the result, the proceedings in Crime No. 167/2013 of Cusba Police Station are quashed.

¶36

Sd/-

¶37

K. ABRAHAM MATHEW JUDGE

¶38

Ashraf v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashraf v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.R.Prasad Vs State of Kerala

Mahesh Kumar Vs State of Kerala

Pradeesh Vs the State of Kerala

Shaji V.M. Vs State of Kerala

Aboobacker.C Vs State of Kerala

Abdulla Vs State of Kerala