Allowed

Mehmood Musammil v. State of Kerala

Kerala HC7 May 2019Crl.MC/1938/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition seeking to quash criminal proceedings under Sections 406 and 498A IPC. The court was satisfied that the dispute had been amicably settled between the accused and the de facto complainant, and no public interest was involved in continuing the prosecution.

What did the court decide?

The criminal proceedings in C.C.No.454/2016 before the Judicial First Class Magistrate Court, Perinthalmanna are quashed.

Mehmood Musammil Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2019)

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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 V.G.ARUN

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TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941

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Crl.MC.No. 1938 of 2019

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AGAINST THE ORDER IN CC 454/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA

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CRIME NO. 32/2016 OF Perinthalmanna Police Station , Malappuram

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PETITIONER/ACCUSED:

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MEHMOOD MUSAMMIL AGED 28 YEARS

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S/O.ALIKUUTTY, PALANGADAN HOUSE, KODOOR, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.SAMSUDIN

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RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031. (CRIME NO. 32/2016 OF PERINTHALMANNA POLICE STATION).

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2 SUHAIBATHUL ASLAMIYA, AGED 30 YEARS D/O.ASHRAF, PALASSERI HOUSE, THEJAS NAGAR, ANGADIPURAM, PERINTHALMANNA- 679322, MALAPPURAM DISTRICT.

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BY ADV. SRI.BINU V V VEETTIL VALAPPIL

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SR.PP.SRI. M.S.BREEZ

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1938 of 2019

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O R D E R

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The petitioner is the accused in C.C.No.454/2016 on the file of the judicial First Class Magistrate Court, Perinthalmanna. The offences alleged against the petitioner is under Sections 406 and 498A IPC. The 2^nd respondent herein is the de facto complainant. This Crl.M.C is filed seeking to quash the proceedings in C.C.No.454/2016 on the file of the judicial First Class Magistrate Court, Perinthalmanna on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioner and the 2^nd respondent.

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Heard the learned counsel for the petitioner, the learned counsel for the 2^nd respondent and the learned Public Prosecutor.

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Having perused the affidavit filed by the 2^nd respondent, the contents of which is submitted to be true and voluntary by the learned counsel for the 2^nd respondent, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Hence, there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.454/2016 on the file of the judicial First Class Magistrate

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Crl.MC.No. 1938 of 2019

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Court, Perinthalmanna is quashed. If any material objects have been seized during the course of investigation, the trial court may

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pass appropriate orders for their disposal.

V.G.ARUN

JUDGE

nak

Crl.MC.No. 1938 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.32/2016 OF PERINTHALMANNA POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.32/2016 OF PERINTHALMANNA POLICE STATION. ANNEXURE A3 THE ORIGINAL AFFIDAVIT SIGNED BY THE 2ND RESPONDENT (DE-FACTO COMPLAINANT) DATED 02.03.2019.

Mehmood Musammil v. State of Kerala

Case brief

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Mehmood Musammil v. State of Kerala

Case brief

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