Allowed

Moideen Safath, v. the State of Kerala

Kerala HC8 Nov 2021Crl.MC/1479/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this Criminal Miscellaneous petition seeking to quash criminal proceedings arising from a marriage dispute. Relying on the final report, affidavit, and signed statement indicating an out-of-court settlement and the complainant's willingness to withdraw, the Court held that further proceedings were an abuse of process and quashed them.

What did the court decide?

The entire further proceedings in C.C.No103/2020 on the file of the Chief Judicial Magistrate Court, Manjeri is hereby quashed.

Moideen Safath, Vs the State of Kerala — Matrimonial and Divorce | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE M.R.ANITHA

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MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943

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CRL.MC NO. 1479 OF 2021

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CRIME NO.112/2020 OF Manjeri Police Station, Malappuram

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AGAINST THE ORDER/JUDGMENT IN CC 103/2020 OF CHIEF JUDICIAL

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MAGISTRATE ,MANJERI, MALAPPURAM

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PETITIONERS / ACCUSED:

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1MOIDEEN SAFATH, AGED 32 YEARS
S/O. USMAN, AZHUVALAPPIL HOUSE,
PULLIYIL ANGADI, MALAPPURAM DISTRICT.

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2 KADIYUMMA, AGED 53 YEARS W/O. USMAN, AZHUVALAPPIL HOUSE, PULLIYIL ANGADI, MALAPPURAM DISTRICT.

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3USMAN,
AGED 54 YEARS
S/O. MAMMADU HAJI,
AZHUVALAPPIL HOUSE, PULLIYIL ANGADI,
MALAPPURAM DISTRICT.

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BY ADV K.RAKESH

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RESPONDENTS /STATE & DEFACTO COMPLAINANT

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

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2 THE STATION HOUSE OFFICER MANJERI POLICE STATION, MALAPPURAM DISTRICT 676 121.

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3BUSHRA SAFAR
D/O. IBRAHIM, ULLATTIL HOUSE, MANGALASSERY,
KARUVAMBARAM P.O. MANJERI,
MALAPPURAM DISTRICT 676 123.

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BY ADV K.S.PRAVEEN

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BY ADV.SANGEETHARAJ N.R., PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 1479 OF 2021

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ORDER

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This Crl.M.C. has been filed seeking to quash all further proceedings against the petitioners in C.C.No103/2020 on the file of the Chief Judicial Magistrate Court, Manjeri, which arose out of crime No.112/2020 of Manjeri police station, which has been registered for the offences punishable under Sections 498A and 406 read with Section 34 IPC.

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The first petitioner is the husband of the third respondent/ the defacto complainant and other petitioners are the parents of the first petitioner.

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Adv.K.S.Praveen appeared on behalf of the defacto complainant. He reports about the setttlement arrived at between the parties.

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Annexure A is the copy of the final report. Annexure B is the copy of the affidavit duly sworn in by the defacto complainant.

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The learned Public Prosecutor filed copy of report of the SHO, Manjeri police station along with copy of the signed

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CRL.MC NO. 1479 OF 2021

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statement of the defacto complainant.

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In the affidavit as well as in the statement given to the SHO, the defacto complainant expressed her willingness to withdraw the case and further stated that the entire issues between them have been amicably settled out of court.

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Since the entire matrimonial issues between the parties have been settled out of court, continuation of the proceedings against the petitioners would be an abuse of process of court.

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In the result, Crl.M.C. allowed and the entire further proceedings in C.C.No103/2020 on the file of the Chief Judicial Magistrate Court, Manjeri, which arose out of crime No.112/2020 of Manjeri police station is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

nkr

CRL.MC NO. 1479 OF 2021

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APPENDIX OF CRL.MC 1479/2021

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PETITIONER ANNEXURE

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ANNEXURE ACERTIFIED COPY OF THE FINAL REPROT IN CRIME
NO. 112/2020 OF THE MANJERI POLICE STATION.

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ANNEXURE BAFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
DATED 25.1.2021.

Moideen Safath, v. the State of Kerala

Case brief

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Moideen Safath, v. the State of Kerala

Case brief

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