Allowed

Sayid Hamid Jifiri v. State of Kerala

Kerala HC23 Aug 2017Crl.MC/4881/2017

Case brief

AI extract

What is this about?

The Court quashed the final report and proceedings in a criminal case arising from a matrimonial dispute. The petitioners were accused of offenses under Sections 406, 498A IPC and Section 34 IPC. The Court noted that the matter had been settled by affidavit and exercised inherent powers under Section 482 Cr.P.C. to meet the ends of justice.

What did the court decide?

Quashed the final report filed by the Judicial First Class Magistrate and further proceedings against the petitioners in C.C.No.429/2016.

Sayid Hamid Jifiri 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 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939

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Crl.MC.No. 4881 of 2017 ()

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CC 429/2016 of J.M.F.C., PARAPPANANGADI

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CRIME NO. 123/2016 OF TANUR POLICE STATION, MALAPPURAM

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PETITIONER(S)/ACCUSED:

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1. SAYID HAMID JIFIRI S/O.MOHLAR JIFIRI, PUTHIYAMALIYEKKAL HOUSE, THONALUR P.O., MALAPPURAM DISTRICT.

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2. SAYID MOHLAR JIFIRI THANGAL S/O.HYDROSE KOYA THANGAL, PUTHIYAMALIYEKKAL HOUSE, THONALUR P.O., MALAPPURAM DISTRICT.

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3. MULLA BEEVI, W/O.MOHLAR JIFIRI THANGAL, THONALUR P.O., MALAPPURAM DISTRICT.

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4. SYED HYDROSE THANGAL S/O.MOHLAR JIFIRI THANGAL, PUTHIYAMALIYEKKAL HOUSE, THONALUR P.O., MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.J.MATHEW SRI.EBIN MATHEW

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RESPONDENT(S):

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1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, TANUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. RAHEEFA THANSI D/O.ATTAKOYA THANGAL, SAYYID MANZIL, OLAPEEDIKA, P.O.PARIYAPURAM, MALAPPURAM DISTRICT.

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R2 BY ADV. SRI.MANJUNATH MENON

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R1 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4881 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.123/2016 OF TANUR POLICE STATION ANNEXURE A2 THE COPY OF FINAL REPORT FILED AGAINST THE PETITIONERS BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANAGADI IN CRIME NO.123/2016 OF TANUR POLICE STATION. ANNEXURE A3 THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT REGARDING SETTLEMENT DATED 5/6/2017

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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

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Crl.M.C. No.4881 of 2017

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Dated this the 23^rd day of August, 2017

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O R D E R

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The petitioners are accused in C.C.No.429/2016 on the

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files of the court below. The offences alleged are the offences under Sections 406 and 498A r/w Section 34 IPC.

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Heard.

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It has been submitted by the learned counsel for

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the parties and the learned Public Prosecutor that the matter

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has been settled between the parties. The second respondent, who is the defacto complainant, filed affidavit stating that the matter has been settled and hence she has no further grievance against the petitioners.

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The above dispute arose out of matrimonial relationship. Therefore, since the matter has been settled, I am inclined to quash the final report and further proceedings against the petitioners in C.C.No.429/2016 on the files of

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Crl.M.C. No.4881 of 2017

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-: 2 :-

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the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and

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accordingly, I order so.

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

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Sayid Hamid Jifiri v. State of Kerala

Case brief

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Sayid Hamid Jifiri v. State of Kerala

Case brief

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