Allowed

Aattal Arshad M.P v. Salma Farisha P.T

Kerala HC10 Nov 2020Crl.MC/4608/2020

Case brief

AI extract

What is this about?

The Court allowed a petition to quash criminal proceedings registered for dowry harassment and criminal intimidation. The dispute between matrimonial parties was amicably settled, making conviction remote and continuance of proceedings an abuse of process.

What did the court decide?

Criminal proceedings in C.C.No.625/2019 of Judicial First Class Magistrate Court – V, Kozhikode stand quashed.

Aattal Arshad M.P Vs Salma Farisha P.T — Matrimonial and Divorce | Kerala HC (2020)

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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 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942

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Crl.MC.No.4608 OF 2020(E)

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AGAINST THE ORDER/JUDGMENT IN CC 625/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE

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CRIME NO.62/2019 OF Marad Police Station, Kozhikode

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PETITIONERS/ACCUSED NO.1 TO 4:

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1 AATTAL ARSHAD M. P AGED 29 YEARS, S/O. ABOOBACKER, MANULLA HOUSE, THANOLI PARAMBU, MATHOTTAM, ARAKKINAR P. O, KOZHIKODE – 673 028.

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2 SAUDABI

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AGED 36 YEARS, W/O. MANULLA, MANULLA HOUSE, THANOLI PARAMBU, MATHOTTAM, ARAKKINAR P. O, KOZHIKODE – 673 028.

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3 SAIFUNNISA E. P AGED 40 YEARS, W/O. SHEREEF, MANULLA HOUSE, THANOLI PARAMBU, MATHOTTAM, ARAKKINAR P. O, KOZHIKODE – 673 028.

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4 MARIYAMBI AGED 60 YEARS, W/O. ABOOBACKER, MANULLA HOUSE, THANOLI PARAMBU, MATHOTTAM, ARAKKINAR P. O, KOZHIKODE – 673 028.

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BY ADVS. SRI. SANTHARAM. P SMT. REKHA ARAVIND SRI. PAUL P. ABRAHAM SRI. P. G. GOKULNATH

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Crl.MC.No.4608 OF 2020

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RESPONDENTS/COMPLAINANT:

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1 SALMA FARISHA P. T, D/O. HAMSAKOYA, RESIDING AT PADINCHARE KOLOTH PARAMBIL, GURUVAYURAPPAN COLLEGE P. O, KOZHIKODE – 673 014.

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2 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31.

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R1 – SRI. K. B ARUNKUMAR SRI. AMJAD ALI, SR. PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4608 OF 2020

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ORDER

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Dated this the 10th day of November 2020

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Petitioners are the accused in Crime No.62/2019 registered at the Kozhikode (Marad) Police Station for offences punishable under Sections 498 (A) and 406 read with Section 34 of IPC, now pending as C.C.No.625/2019 on the files of the Judicial First Class Magistrate Court - V, Kozhikode. The de facto complainant at whose instance the crime was registered, is arrayed as the 1^st respondent. Annexure – 3 affidavit has been filed by the 1^st respondent stating that the matrimonial dispute, which led to registration of the crime, has been settled amicably and that s he has no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit

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Crl.MC.No.4608 OF 2020

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filed by the 1^st respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceeding s in C.C.No.625/2019 on the files of the Judicial First Class Magistrate Court – V, Kozhikode is quashed.

Sd/-

V.G.ARUN JUDGE

SPR

Crl.MC.No.4608 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NO. 62/19 OF KOZHIKODE (MARAD) POLICE. ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.62/19 OF KOZHIKODE (MARAD) POLICE. ANNEXURE 3 NOTARIZED AFFIDAVIT FILED BY 1ST RESPONDENT DATED 09.10.2020. ANNEXURE 4 CERTIFIED COPY OF MEMORANDUM OF EVIDENCE IN CRIME 62/2019 OF KOZHIKODE (MARAD) POLICE.

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RESPONDENT'S/S EXHIBITS: NIL.

Aattal Arshad M.P v. Salma Farisha P.T

Case brief

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Aattal Arshad M.P v. Salma Farisha P.T

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