Allowed

Anzil v. State of Kerala

Kerala HC20 Jul 2018Crl.MC/4399/2018

Case brief

AI extract

What is this about?

Petitioners, accused in an assault case arising from a matrimonial dispute, filed a criminal misc. case seeking quashing of trial proceedings. The High Court, noting a settlement affirmed by the victim and the end of the matrimonial relationship, invoked inherent jurisdiction to quash proceedings.

What did the court decide?

Criminal proceedings in CC.No.2154 of 2017 arising from Crime No.1921 of 2017 as against the petitioners were quashed.

Anzil Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940

¶5

Crl.MC.No. 4399 of 2018

¶6

PENDING AS CC 2154/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA

¶7

CRIME NO. 1921/2017 OF NORTH POLICE STATION, ALP , ALAPPUZHA

¶8

PETITIONER(S)/ACCUSED

¶9

1. ANZIL, AGED 33, S/O.ALIKUNJU KIZHAKKE ALITHARAYIL, NEAR PANOOR PALATHARA PALLI, THIRKKANNAPUZHA, ALAPPUZHA DISTRICT.

¶10

2. ALIKUNJU, AGED 66, S/O. ABOOBACKER KIZHAKKE ALITHARAYIL, NEAR PANOOR PALATHARA PALLI, THIRKKANNAPUZHA, ALAPPUZHA DISTRICT.

¶11

3. SABOORA BEEVI, AGED 59, W/O.ALIKUNJU KIZHAKKE ALITHARAYIL, NEAR PANOOR PALATHARA PALLI, THIRKKANNAPUZHA, ALAPPUZHA DISTRICT.

¶12

BY ADV.SRI.E.C.AHAMED FAZIL

¶13

RESPONDENT(S)/STATE AND COMPLAINANT (VICTIM):

¶14

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

¶15

2. THE SUB INSPECTOR OF POLICE, NORTH POLICE STATION, ALAPPUZHA DISTRICT-688012.

¶16

3. MIRAZA ASHRAF, AGED 24, D/O. A.M.ASHRAF, AREEPURATH ARAFA MANZIL, KOMANA MURI, AMBALAPUZHA P.O, ALAPPUZHA DISTRICT-688 561.

¶17

R3 BY ADV. SRI.VARUN V GOPAL R1 & R2 BY PUBLIC PROSECUTORSRI.T.R.RENJITH

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.MC.No. 4399 of 2018 ()

¶20

APPENDIX

¶21

PETITIONER(S)' EXHIBITS

¶22

ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.1921 OF 2017 OF NORTH POLICE STATION, ALAPPUZHA.

¶23

ANNEXURE A2 AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT.

¶24

RESPONDENT(S)' EXHIBITS NIL

R.AV

//TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.

Crl.M.C.No.4399 of 2018

¶30

Dated this the 20^th day of July, 2018

¶31

O R D E R

¶32

The petitioners are the accused in Crime No.1921/2017 of North Police Station, Alappuzha for offences punishable under sections 323 and 506 (i) read with section 34 of the Indian Penal Code.

¶33

It is alleged by the defacto complainant, who is the third respondent herein, that pursuant to the matrimonial disputes between the first petitioner and the third respondent - defacto complainant, on 7.10.2017 at 3 p.m., the petitioners herein assaulted her and threatened her. Crime was registered and after investigation, final report was laid. The matter is now pending as CC.No.2154 of 2017 on the files of the Judicial First Class magistrate Court-I, Alappuzha.

¶34

Crl.M.C is filed by the petitioners contending that the disputes arose out of a matrimonial dispute between the first petitioner and the third respondent complainant and that they have

¶35

Crl.M.C.No.4399 of 2018

¶36

¶37

now settled the matrimonial dispute and all the consequential disputes. It was submitted that offence under section 498A was quashed by this court in another proceeding. To support the case of settlement, the petitioners relied on Annexure-A2, which has been affirmed by the third respondent. The learned counsel for the third respondent submitted that in the light of the above settlement evidenced by Annexure-A2, the matrimonial relationship has been brought to an end and she has no objection in quashing the proceedings. The learned Public Prosecutor on instructions submitted that the disputes have been resolved and the statement of the defacto complainant recorded. Considering these facts, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the entire criminal proceedings.

¶38

Crl.M.C is accordingly allowed. All further proceedings in CC.No.2154 of 2017 of Judicial First Class Magistrate Court-I, Alappuzha, arising from Crime No.1921 of 2017 of North Police Station,

¶39

Crl.M.C.No.4399 of 2018

¶40

¶41

Alappuzha as against the petitioners herein stand

¶42

quashed.

¶43

Sd/- SUNIL THOMAS, JUDGE

¶44

R.AV

¶45

//True Copy//

¶46

PA to Judge

Anzil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anzil 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

Sajeev Vasudevan Vs Sub Inspector of Police

Rahul Renjan Vs the State of Kerala

Abdu Rahiman Vs the State of Kerala

Babu Joseph Vs State of Kerala

Prasannachandran Vs K.N. Vijayamma

Raghu Vs State of Kerala