Allowed

Noushad K.M v. State of Kerala

Kerala HC6 Jul 2018Crl.MC/3641/2018

Case brief

AI extract

What is this about?

In a challenge under Section 482 Cr.P.C., the High Court of Kerala allowed the petitioner to quash criminal proceedings for offences under Sections 427 and 498(A) IPC. The court quashed the proceedings noting that the matter had been settled between parties, an affidavit was produced, and the petitioner had no criminal antecedents.

What did the court decide?

Criminal Miscellaneous Case allowed; all further proceedings in C.C.No.20 of 2017 quashed.

Noushad K.M Vs State of Kerala — Dowry and Cruelty | 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 SUNIL THOMAS

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FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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Crl.MC.No.3641 of 2018

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IN CC 20/2017 of C.J.M.,KASARAGOD

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CRIME NO. 678/2016 OF KASARAGOD POLICE STATION , KASARGOD

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PETITIONER(S)/ACCUSED:

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NOUSHAD K.M., AGED 39 YEARS, S/O.ABOOBAKKER, R/AT CHEMPIRICKA HOUSE, KORAKKODE, CERAMICS ROAD, NEAR KORAKKODE TEMPLE, KASABA VILLAGE, KASARAGOD TALUK & DISTRICT.

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BY ADV.SRI.S.JIJI

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RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. KHAIRUNNEESA, AGED 33 YEARS, D/O.IBRAHIM, BADARIYA MANZIL, NATIONAL NAGAR, SHIRIBAGILU VILLAGE, ULIYATHADKA, KASARGOD-671123.

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R2 BY ADV. SMT.K.S.SANTHI R1 BY ADV. SRI.T.R.RANJITH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3641 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE CHARGE SHEET IN CRIME NO.678/2016 OF KASARAGOD POLICE STATION.

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ANNEXURE A2 AFFIDAVIT DATED 17-5-2018 SWORN BY THE 2ND RESPONDENT.

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RESPONDENT(S) EXHIBITS: NIL.

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//TRUE COPY// P.A TO JUDGE.

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SUNIL THOMAS, J

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====================== Crl.M.C No.3641 of 2018

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====================== Dated this the 6^th day of July, 2018

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ORDER

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The petitioners are the accused in C.C.No.20 of 2017 on the Chief Judicial Magistrate Court, Kasaragod, arising from Crime No.678 of 206 of Kasaragod Police Station, for offences punishable under Sections 427 and 498(A) of Indian Penal Code.

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The allegation of the 2^nd respondent is that the petitioner had married her on 31.08.2003, and thereafter they lived together as husband and wife. While so, she was physically assaulted and harassed by the petitioner demanding more gold and cash. She laid a complaint pursuant to which Crime was registered and after investigation, final report was laid.

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Contending that the matter has been settled between the parties, to keep amicable relationship between them and that they have decided to live separately since the chance of living together was found to be remote. The petitioner has approached this Court to quash the proceedings.

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Crl.M.C No.3641 of 2018

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He essentially relied on Annexure-A2 affidavit produced along with Crl.M.C. It was submitted by the learned counsel for the petitioner that the above affidavit was affirmed by the 2^nd respondent-de facto complainant. The execution of the affidavit and the contents thereon, were acknowledged by the learned counsel for the 2^nd respondent.

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The learned Public Prosecutor also submitted that the parties have resolved their disputes and that the petitioner herein has no criminal antecedents.

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Having considered the nature of the allegations, the settlement now arrived at and the fact that the petitioner herein has no criminal antecedents, I feel that it is a fit case in which premature termination of the proceeding is liable to be granted, by invoking Section 482 Cr.P.C.

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Accordingly Crl.M.C. is allowed. All further proceedings in C.C.No.20 of 2017 of the Chief Judicial Magistrate Court, Kasaragod, will stand quashed.

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Sd/- SUNIL THOMAS, JUDGE.

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rp/06.07.18

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//TRUE COPY// P.A TO JUDGE.

Noushad K.M v. State of Kerala

Case brief

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Noushad K.M v. State of Kerala

Case brief

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Statutes considered

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