Allowed

Abdul Salam @ Saleem v. State of Kerala

Kerala HC1 Feb 2018Crl.MC/316/2018

Case brief

AI extract

What is this about?

This high court examined a criminal miscellaneous petition seeking quashing of proceedings under Section 498A IPC read with Section 34 IPC. The court noted that the matter had been amicably settled between the complainant and the accused, with no criminal antecedents reported against the petitioners. The affidavit from the defacto complainant affirmed the settlement and lack of complaints. Finding

What did the court decide?

Quashed the Annexure-A1 First Information Statement, Annexure-A2 Final Report, and all further proceedings in C.C.No.1098 of 2016 against the petitioners.

Abdul Salam @ Saleem Vs State of Kerala — Domestic Violence | Kerala HC (2018)

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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.KEMAL PASHA

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THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939

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Crl.MC.No. 316 of 2018

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CC 1098/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI

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CRIME NO. 307/2016 OF PALAKKAD TOWN SOUTH POLICE STATION , PALAKKAD DISTRICT

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PETITIONERS/ACCUSED 1 TO 3

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1 ABDUL SALAM @ SALEEM, AGED 29 YEARS, S/O.MARAKKAR, CHEDATHUPALLIYALI HOUSE, VALLAPUZHA P.O., PATTAMBI, PALAKKAD DISTRICT-679336.

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2 MARAKKAR,

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AGED 66 YEARS, S/O.MOIDEEN, CHEDATHUPALLIYALI HOUSE, VALLAPUZHA P.O., PATTAMBI, PALAKKAD DISTRICT-679336.

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3 NABEESA,

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AGED 61 YEARS, W/O.MARAKKAR, CHEDATHUPALLIYALI HOUSE,

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VALLAPUZHA P.O., PATTAMBI, PALAKKAD DISTRICT-679336.

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BY ADV.SRI.A.HAROON RASHEED

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RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:

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1. STATE OF KERALA

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REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT,

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THROUGH THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERANAKULAM-18.

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Crl.MC.No. 316 of 2018 ----------------------

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2. SABEENA AGED 25 YEARS, D/O.SALEEM, KANCHIRAMKALAYIL HOUSE, CHEMMALASSERI, PULAMANTHOLE P.O., PERINTHALMANNA, MALAPPURAM DT.-679323.

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R1 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK

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R2 BY ADV. SRI.C.R.REKHESH SHARMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sdr/-

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Crl.MC.No. 316 of 2018

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APPENDIX ------------PETITIONER(S)' ANNEXURES ---------------------------

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ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.307/2016 OF PATTAMBI POLICE STATION. ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.307/2016 OF PATTAMBI POLICE STATION. ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 2ND RESPONDENT.

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RESPONDENTS ANNEXURES NIL -----------------------

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/TRUE COPY/ PA TO JUDGE

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sdr/-

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B.KEMAL PASHA, J.

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

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Crl.M.C.No.316 of 2018

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

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Dated this the 1^st day of February, 2018

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O R D E R

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Petitioners are accused in C.C.No.1098 of

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2016 of the Judicial First Class Magistrate’s Court, Pattambi, which has arisen from Crime No.307 of 2016 of the Pattambi Police Station, registered for the offences punishable under Section 498A IPC read with Section 34 IPC.

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It seems that the matter has been amicably settled between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. It has been reported that no criminal antecedents have been reported against the petitioners. The defacto complainant has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between her and the petitioners and she has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this court is satisfied that no

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Crl.M.C.No.316 of 2018

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purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-A1 First Information Statement, Annexure-A2 Final Report and all further proceedings in C.C.No.1098 of 2016 of the Judicial First Class Magistrate’s Court, Pattambi, which has arisen from Crime No.307 of 2016 of the Pattambi Police Station, as against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-A1 First Information Statement, Annexure-A2 Final Report and all further proceedings in C.C.No.1098 of 2016 of the Judicial First Class Magistrate’s Court, Pattambi, which has arisen from Crime No.307 of 2016 of the Pattambi Police Station, as against the petitioners, are hereby quashed.

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Sd/-

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B.KEMAL PASHA JUDGE

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DSV/3/2/18

Abdul Salam @ Saleem v. State of Kerala

Case brief

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Abdul Salam @ Saleem v. State of Kerala

Case brief

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