Allowed

Ansar M. v. State of Kerala

Kerala HC16 Aug 2017Crl.MC/4030/2017

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala considered the quashing of criminal proceedings instituted against the appellant for matrimonial offences. Relying on the settlement between parties and their cohabitation, the court exercised inherent power to allow the petition.

What did the court decide?

Quashing of Final Report and further proceedings against the petitioner in C.C.No.847 of 2016.

Ansar M. Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2017)

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939

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Crl.MC.No. 4030 of 2017 ()

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CC 847/2016 of J.M.F.C.-I,THIRUVANANTHAPURAM CRIME NO. 260/2016 OF KARAMANA POLICE STATION , THIRUVANANTHAPURAM

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PETITIONER(S)/ACCUSED:

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ANSAR M.

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S/O. MUHAMMED, AGED 37 YEARS, HOUSE NO. 41/499, NGO QUARTERS, MELARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S)/STATE & COMPLAINANT & VICTIM:

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STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, THIRUVANANTHAPURAM - 695 002.

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ASSISTANT COMMISSIONER OF POLICE, DISTRICT CRIME BRANCH, THIRUVANANTHAPURAM - 695 002.

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SHAMNA SIDHIQUE,

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W/O. ANSAR. M, AGED 27 YEARS, HOUSE NO. 41/499, NGO QUARTERS, MELARANNOOR, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002.

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R4 BY ADV. SRI.R.ARUN

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R1&R3 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-082017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4030 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 260/2016 OF KARAMANA POLICE STATION.

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ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 260/2016 OF KARAMANA POLICE STATION.

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RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B.SUDHEENDRA KUMAR, J.

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Crl.M.C No.4030 of 2017

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 16^th day of August 2017

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O R D E R

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The petitioner is the accused in C.C.No.847 of 2016 on the files of the court below. The offences alleged are the offences under Sections 294(b), 323 and 498A I.P.C.

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Heard.

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The learned counsel for the parties and learned Public Prosecutor have submitted that the matter has been settled between the parties and presently, the petitioner and the 4^th respondent, who is the de-facto complainant in this case, are residing together as husband and wife under one roof. The 4^th respondent filed affidavit stating that the matter has been settled between the parties and presently,

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Crl.M.C.4030/2017

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-: 2 :-

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she is residing with the petitioner as husband and wife under one roof. The above dispute arose out of matrimonial relationship. Since the matter has been settled between the parties, I am inclined to quash the Final Report and further proceedings against the petitioner in C.C.No.847 of 2016 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.

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In the result, this Crl.M.C. stands allowed .

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B.SUDHEENDRA KUMAR, JUDGE

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dl/17.8..2017

Ansar M. v. State of Kerala

Case brief

What is this about?

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Ansar M. v. State of Kerala

Case brief

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