Allowed

Hassan Kutty v. State of Kerala

Kerala HC26 Mar 2018Crl.MC/1632/2018

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition to quash proceedings under sections 498A and 406 IPC. The court noted that the parties had settled their dispute amicably and were living together, invoking section 482 Cr.P.C to give quietus to the criminal trial.

What did the court decide?

All further proceedings arising from Crime No.22 of 2017 in C.C.No.191 of 2017 will stand quashed.

Hassan Kutty Vs State of Kerala — Domestic Violence | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940

¶5

Crl.MC.No. 1632 of 2018

¶6

AGAINST THE ORDER/JUDGMENT IN CC 191/2017 of C.J.M.,MANJERI CRIME NO. 22/2017 OF KARIPUR POLICE STATION , MALAPPURAM

¶7

PETITIONER(S)/ACCUSED NOS:-

¶8

1 HASSAN KUTTY, AGED 27, S/O.SAITHALAVI, 'ALLIPRA HOUSE', NATTUKALLINGAL, KARIPPUR POST, MALAPPURAM DISTRICT-673 638.

¶9

2 KHADEEJA,

¶10

AGED 51 YEARS, W/O.SAITHALAVI,

¶11

'ALLIPRA HOUSE', NATTUKALLINGAL, KARIPPUR POST,

¶12

MALAPPURAM DISTRICT-673 638.

¶13

3 AMEER,

¶14

AGED 24 YEARS, S/O.SAITHALAVI, 'ALLIPRA HOUSE', NATTUKALLINGAL, KARIPPUR POST, MALAPPURAM DISTRICT-673 638.

¶15

4 FAIROOZA,

¶16

AGED 31 YEARS, D/O.SAITHALAVI,

¶17

'ALLIPRA HOUSE', NATTUKALLINGAL, KARIPPUR POST,

¶18

MALAPPURAM DISTRICT-673 638.

¶19

BY ADV.SRI.S.SHYAM KUMAR

¶20

RESPONDENT(S)/RESPONDENTS/COMPLAINANT:

¶21

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

¶22

2. KADEEJA FASNA, AGED 21 YEARS, D/O.ABDULLA, NADUVEETIL HOUSE, POOKALATHUR, PULPATTA POST, MALAPPURAM-676 123.

¶23

R2 BY ADV. SRI.A.ARUNKUMAR

¶24

R BY PUBLIC PROSECUTOR:SRI C N PRABHAKARAN

¶25

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶26

Crl.MC.No. 1632 of 2018 ()

¶27

APPENDIX

¶28

PETITIONER(S)' EXHIBITS:

¶29

ANNEXURE AI : A TRUE COPY OF THE COMPLAINANT. ANNEXURE AII : A TRUE COPY OF THE FIR IN CRIME NO.22 OF 2017 OF KARIPPUR POLICE STATION, MALAPPURAM DISTRICT.

¶30

ANNEXURE AIII : A TRUE COPY OF THE FINAL REPORT.

¶31

ANNEXURE AIV : A TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE SETTLEMENT OF THE DISPUTES.

¶32

RESPONDENTS EXHIBITS:NIL

¶33

True Copy / P A to Judge

¶34

SUNIL THOMAS, J.

¶35

=================

¶36

Crl.M.C.No.1632 of 2018

¶37

=================

¶38

Dated this the 26^th day of March, 2018

¶39

ORDER

¶40

Petitioners stand arrayed as accused in Crime No.22 of 2017 of Karippur Police Station for offences punishable under sections 498A, 406 r/w 34 of the Indian Penal Code, now pending as C.C.No.191 of 2017 of Chief Judicial Magistrate Court, Manjeri. A statement was given by the second respondent herein alleging that, she was subjected to cruelty by her husband and the relatives. Complaint led to the registration of the crime.

¶41

Pending the proceedings, parties are stated to have resolved their dispute stating that, they have settled the dispute amicably with the intervention of mediators and they have decided to withdraw all other cases. Accordingly, an affidavit has been filed by the petitioners affirming the settlement of the second respondent. The above affidavit is produced as Annexure-AIV.

¶42

Learned counsel for the petitioners and the learned counsel or the second respondent submitted that the parties have no objection in quashing the proceedings. Learned Public Prosecutor on instructions submitted that the parties have resolved their dispute.

¶43

Crl.M.C.1632/18

¶44

¶45

Being a matrimonial dispute, parties have resolved their dispute and they are stated to be living together. In the above circumstance, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to give quietus to the entire criminal proceedings paving way for a happy married life.

¶46

In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.22 of 2017 of Karippur Police Station in C.C.No.191 of 2017 of Chief Judicial Magistrate Court, Manjeri will stand quashed.

¶47

Sd/-

¶48

SUNIL THOMAS Judge

¶49

Sbna/26/3/18

¶50

True Copy / P A to Judge

Hassan Kutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hassan Kutty 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

Sanoop Vs State of Kerala

Ullas Vs State of Kerala

Hashim Vs State of Kerala

Muhammed Shareef Vs State of Kerala

Suhaib Vs State of Kerala

Salman Fareeq Vs the Sub Inspector of Police