Allowed

Sulaiman Khan v. State of Kerala

Kerala HC17 Aug 2017Crl.MC/5286/2017

Case brief

AI extract

What is this about?

This court allowed a Criminal Miscellaneous petition to quash the Final Report and further proceedings in a criminal case involving matrimonial offences under Sections 498 and 506 IPC. The court held that since the dispute has been settled by the defacto complainant through an affidavit, the proceedings should be quashed in the interest of justice under inherent powers.

What did the court decide?

Quashing of the Final Report and further proceedings against the petitioners in C.C. No. 2683/2014 in exercise of power under Section 482 Cr.P.C.

Sulaiman Khan Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

THURSDAY, THE 17TH DAY OF AUGUST 2017/26TH SRAVANA, 1939

¶5

Crl.MC.No. 5286 of 2017 ()

¶6

CC 2683/2014 of ADDL.C.J.M.,TRIVANDRUM

¶7

CRIME NO. 743/2012 OF POOJAPPURA POLICE STATION, THIRUVANANDAPURAM

¶8

PETITIONER(S)/ACCUSED 1 TO 5:

¶9

1. SULAIMAN KHAN AGED 35 YEARS, S/O JAFFAR ALIKIHAN, ASHIYANA MANZIL, 166(A), SREEBHADRA NAGAR, ULIYA KOVIL, EAST VILLAGE, KOLLAM DISTRICT.

¶10

2. JAFFAR ALIKHAN, AGED 61 YEARS, S/O MEHABOOB KHAN, ASHIYANA MANZIL, 166(A), SREEBHADRA NAGAR, ULIYA KOVIL, EAST VILLAGE, KOLLAM DISTRICT.

¶11

3. MEGARUNNISA BEEGUM AGED 55 YEARS, D/O KULSAM BEEVI, ASHIYANA MANZIL, 166(A), SREEBHADRA NAGAR, ULIYA KOVIL, EAST VILLAGE, KOLLAM DISTRICT.

¶12

4. MUHAMMED ALIKHAN, AGED 30 YEARS, S/O JAFFAR ALIKIHAN, ASHIYANA MANZIL, 166(A), SREEBHADRA NAGAR, ULIYA KOVIL, EAST VILLAGE, KOLLAM DISTRICT.

¶13

5. AFSHANA FATHIMA, AGED 24 YEARS, D/O MEGARUNNISA BEEGUM, MUMTAZ MANZIL, BHS LANE, TC 42/219-2, KAMALESWARAM WARRD, THIRUVANANTHAPURAM DISTRICT.

¶14

BY ADV. SRI.P.ANOOP (MULAVANA)

¶15

RESPONDENT(S)/STATE, DEFACTO COMPLAINANT :

¶16

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

¶17

2. SHAHANAZ BEEGUM, AGED 29 YEARS, D/O SABU, M.A.MANZIL, A-55, CHITRA NAGAR, PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM DISTRICT 695001.

¶18

R2 BY ADV. SMT.K.S.SAMEERA

¶19

R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

¶20

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶21

Crl.MC.No. 5286 of 2017 ()

¶22

APPENDIX

¶23

PETITIONER(S)' EXHIBITS

¶24

ANNEXURE A1 FINAL REPORT IN CC 2683/2014 PENDING BEFORE THE ACJM, THIRUVANANTHAPURAM.

¶25

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

¶26

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

¶31

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

¶32

Crl.M.C. No.5286 of 2017

¶33

Dated this the 17^th day of August, 2017

¶34

O R D E R

¶35

The petitioners are accused in C.C.No.2683/2014 on the

¶36

files of the court below. The offences alleged are the offences punishable under Sections 498 and 506(i) r/w Section 34 IPC

¶37

Heard.

¶38

It has been submitted by the learned counsel for

¶39

the parties and the learned Public Prosecutor that the matter has been settled. 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.

¶40

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

¶41

Crl.M.C. No.5286 of 2017

¶42

-: 2 :-

¶43

against the petitioners in C.C.No.2683/2014 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.

¶44

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

¶45

Sd/-

¶46

B. SUDHEENDRA KUMAR, JUDGE

¶47

STK

¶48

//TRUE COPY//

¶49

//P.A. TO JUDGE//

Sulaiman Khan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sulaiman Khan 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

Ansar M. Vs State of Kerala

Shine Sivan Vs the State of Kerala

Umesh Vs State of Kerala

V.Vijayan Vs State of Kerala

Vishnu Vs State of Kerala

Vijayakumar Vs State of Kerala