Allowed

Binas Basheer, v. the State of Kerala

Kerala HC7 Feb 2020Crl.MC/554/2020

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIR in a matrimonial dispute case. The Court found that the dispute was settled amicably between parties. Invoking jurisdiction under Section 482 CrPC, the Court quashed the FIR and all subsequent proceedings.

What did the court decide?

The criminal miscellaneous petition (Crl.M.C.) was allowed; Annexure-A1 First Information Report and all further proceedings in Crime No.1355 of 2019 were quashed.

Binas Basheer, Vs the State of Kerala — 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 P.B.SURESH KUMAR

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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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Crl.MC.No.554 OF 2020(H)

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CRIME NO.1355/2019 OF Konni Police Station , Pathanamthitta

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PETITIONERS/ACCUSED NO.1 TO 3:

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1 BINAS BASHEER, AGED 28 YEARS S/O. BASHEER, METTATTU PUTHEN VEEDU, MANGARAM P.O., KONNI VILLAGE, KONNI, PATHANAMTHITTA DISTRICT-689 691.

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2 BASHEER AGED 64 YEARS S/O. MAIDEEN PICHA RAWTHER, METTATTU PUTHEN VEEDU, MANGARAM P.O., KONNI VILLAGE, KONNI, PATHANAMTHITTA DISTRICT-689 691.

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3 SUNITHA BEEGAM AGED 56 YEARS W/O. BASHEER, METTATHU PUTHEN VEEDU, MANGARAM P.O., KONNI VILLAGE, KONNI, PATHANAMTHITTA DISTRICT-689691.

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BY ADVS.

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SRI.MANU RAMACHANDRAN SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR SRI.M.KIRANLAL

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 THE SUB-INSPECTOR OF POLICE KONNI POLICE STATION, PATHANAMTHITTA DISTRICT-689 691.

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3 ANARKALI

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AGED 26 YEARS W/O. BINAS BASHEER, NOW RESIDING AT METTATTU PUTHEN VEEDU, MANGARAM P.O., KONNI VILLAGE, KONNI, PATHANAMTHITTA DISTRICT-689 691 FROM PULIKKAL VEEDU,

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Crl.MC.No.554 OF 2020(H)

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NADAKKAL P.O., ERATTUPETTA VILLAGE, ERATTUPETTA, KOTTAYAM DISTRICT-686 121.

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R3 BY ADV. SRI.ANSU VARGHESE SRI.T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.554 OF 2020(H)

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Crl.M.C.No.554 of 2020

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O R D E R

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This is a proceedings under Section 482 of the Code

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of Criminal Procedure for quashing Annexure - AI First Information Report and all further proceedings pursuant thereto in Crime No.1355 of 2019 of Konni Police Station.

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The petitioners are the accused in the said case. The case was one registered under Sections 498A, 323, 341, 294(b) read with Section 34 of the Indian Penal Code.

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It is seen that the petitioners and the de facto complainant have amicably settled the disputes. An affidavit sworn to by the de facto complainant to that effect is part of the records.

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Heard the learned counsel for the petitioners,

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the learned Public Prosecutor as also the learned counsel for the de facto complainant.

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It is seen that the dispute arose on account of the matrimonial discord between the de facto complainant

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Crl.MC.No.554 OF 2020(H)

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and her husband, the first accused. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decisions of the Apex Court in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and Gian singh v. State of Punjab , (2012) 10 SCC 303, invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.

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In the result, the Crl.M.C. is allowed and Annexure - AI First Information Report and all further proceedings pursuant thereto in Crime No.1355 of 2019 of Konni Police Station are quashed.

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Sd/P.B.SURESH KUMAR, JUDGE.

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Crl.MC.No.554 OF 2020(H)

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1355/2019 OF KONNI POLICE STATION, PATHANAMTHITTA DISTRICT.

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ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED 13.1.2019 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT.

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RESPONDENTS' EXHIBITS: NIL

Binas Basheer, v. the State of Kerala

Case brief

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Binas Basheer, v. the State of Kerala

Case brief

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