Allowed

N.Abdul Gafoor v. State of Kerala

Kerala HC3 Nov 2021Crl.MC/2801/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against a husband regarding allegations of dowry harassment and misappropriation of gold. The court held that since the parties had amicably settled all disputes and the wife was not interested in further prosecution, continuing the trial would be an abuse of process.

What did the court decide?

The entire further proceedings against the petitioner in the said Crime No. 850/2013 pending as C.C. No. 397/2014 were quashed.

N.Abdul Gafoor Vs State of Kerala — Dowry and Cruelty | 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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WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

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CRL.MC NO. 2801 OF 2021

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AGAINST THE ORDER/JUDGMENT IN LPC 71/2017 (C.C. NO. 397/2014) OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG, KASARGOD

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PETITIONER/ACCUSED NO. 1:

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N.ABDUL GAFOOR AGED 52 YEARS S/O. IBRAHIMKUTTY HAJI, RESIDING AT RAHIYANATH MANZIL, NEAR UDINOOR JUMA MASJID, UDINOOR P.O., HOSDURG TALUK671310.

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BY ADV UNNI. K.K. (EZHUMATTOOR)

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RESPONDENTS/RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGHCOURT OF KERALA, FOR STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT-671121.

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2 E.K. RAHIYANATH, D/O. KUNHIMAHIN, AGED 36 YEARS, MALABAR HOUSE, MAVILAKADAPURAM, PADANNA, PIN-671312.

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BY ADV V.SUMESH

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PP SRI.SANGEETHARAJ.N.R

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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03.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. NO. 2801 OF 2021

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ORDER

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This Crl.M.C has been filed, by the 1^st accused in Crime No. 850/2013 of Chandera Police Station, seeking to quash the entire proceedings against the petitioner in C.C. No. 397/2014 on the file of Judicial First Class Magistrate Court-I, Hosdurg, which is transferred to LPC. No. 71/2017. Subsequently he surrendered before the Magistrate Court and the case was renumbered as C.C. No. 336/2021 on the file of Judicial First Class Magistrate Court-I (POCSO).

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The petitioner is the husband of the defacto complainant. It is alleged that, the petitioner used to physically and mentally harass the defacto complainant demanding more dowry and also misappropriated her gold ornaments which were

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given by the family of the 2^nd respondent as marriage gift and thereby the accused alleged to have committed the offence punishable under Sections 498A, 406 r/w 34 of IPC.

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Adv. V. Sumesh appeared on behalf of the defacto complainant and he reported about the settlement arrived at between the parties. Annexure-A1 is the certified copy of FIR

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Crl.M.C. NO. 2801 OF 2021

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with FIS, Annexure-A2 is the certified copy of the final report and Annexure A3 is the affidavit sworn in by the 2^nd respondent.

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The learned Public Prosecutor produced copy of the statement of the Station House Officer, Chandera Police Station along with the copy of the statement of the defacto complainant. Affidavit and the Statement of the defacto complainant would reveal that the entire issues between the petitioner and the defacto complainant have been amicably settled out of court and now they are living separately. She is not interested to prosecute the matter further against the petitioner.

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All disputes between the parties are purely private in nature and no public interest is involved. It has come out from the affidavit and also statement of the defacto complainant recorded by the Station House Officer that the entire issues between the petitioner and the defacto complainant have been amicably settled out of court. Since all the issues between the parties have been amicably settled, the continuation of proceedings against the petitioner will be an abuse of process of court. In the said circumstances, the entire further proceedings against the petitioner

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Crl.M.C. NO. 2801 OF 2021

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in Crime No. 850/2013 of Chandera Police Station pending as C.C.

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No. 397/2014 on the file of Judicial First Class Magistrate Court-I,

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Hosdurg is hereby quashed.

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In the result, this Crl.M.C. stands allowed.

SD/-

M.R.ANITHA JUDGE

rps/

Crl.M.C. NO. 2801 OF 2021

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APPENDIX OF CRL.MC 2801/2021

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PETITIONER ANNEXURE

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Annexure A1 CERTIFIED COPY OF THE FIR WITH FIS IN CRIME NO. 850/2013 OF CHANDERA POLICE STATION. Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.850/2013 WITH MEMO OF EVIDENCE. Annexure A3 TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT.

N.Abdul Gafoor v. State of Kerala

Case brief

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N.Abdul Gafoor v. State of Kerala

Case brief

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