Allowed

Nabeel v. the State of Kerala

Kerala HC8 Nov 2021Crl.MC/3337/2021

Case brief

AI extract

What is this about?

This single-judge High Court order allowed a Criminal Misc. Case petition seeking to quash criminal proceedings against three accused (husband and in-laws) registered under Sections 498A and 406 IPC. The court noted that the matrimonial disputes had been amicably settled and post-divorce decree parties were living separately, deeming further prosecution as an abuse of process.

What did the court decide?

Criminal proceedings in Crime No.28/2021 of Mankada Police Station are hereby quashed.

Nabeel 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 8^TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943

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CRL.MC NO. 3337 OF 2021

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AGAINST THE PROCEEDINGS IN CRIME NO.28/2021 OF MANKADA POLICE

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STATION, MALAPPURAM

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PETITIONERS/ACCUSED:

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1 NABEEL, AGED 26 YEARS S/O. HUSSAIN, ALUNGAL HOUSE, KOOTTIL P.O, MANKADA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679 324

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2 AYISHA, W/O. HUSSAIN, AGED 48 YEARS, ALUNGAL HOUSE, KOOTTIL P.O, MANKADA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679 324

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3 NAISAL BABU, S/O. HUSSAIN, AGED 32 YEARS, ALUNGAL HOUSE, KOOTTIL P.O, MANKADA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679 324

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BY ADV R.RANJITH (MANJERI)

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RESPONDENTS/STATE, DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031 FOR THE SUB INSPECTOR OF POLICE, CHOMALA POLICE STATION, KOZHIKODE DISTRICT.

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2 HAFNA, AGED 19 YEARS D/O. YOUSUF, PURAMTHOTTATHIL HOUSE, MANALAYA P.O, ANAMANGADU, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679 357

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BY ADV A.P.NIDHIN KUMAR

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BY ADV.SANGEETHRAJ.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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Cr.M.C.No.3337 of 2021

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ORDER

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Dated this the 8^th day of November, 2021

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Petitioner is the sole accused in Crime No.28/2021

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of Mankada Police Station, which has been registered for the offence punishable under Sections 498A and 406 of IPC.

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First petitioner is the husband and other petitioners are in-laws of the defacto complainant/2^nd respondent. The entire matrimonial issues between the petitioners and the defacto complainant have been amicably settled out of court.

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Annexure-A is the copy of the FIR and Annexure-B is the copy of the affidavit duly sworn in by the defacto complainant.

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Adv.Sri.A.P.Nidhin Kumar, appeared on behalf of the defacto complainant and reports about the settlement arrived at between the parties.

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Learned Public Prosecutor produced the copy of the report of the SHO along with the copy of the signed statement of the defacto complainant.

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It has come out from the affidavit and also the signed statement of the defacto complainant that the entire

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Cr.M.C.No.3337 of 2021

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matrimonial issues have been amicably settled and now they are living separate after obtaining a decree of Divorce.

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Since, the entire issues between the parties are purely private in nature and no public interest is involved and the whole matrimonial issues between the petitioners and the defacto complainant have been amicably settled, continuation of the proceedings against the petitioners will not serve any useful purpose and it will be an abuse of process of court. So, I do not find any impediment in quashing the proceedings against the petitioners.

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In the result, Crl.M.C. allowed, and further proceedings against the petitioners in Crime No.28/2021 of Mankada Police Station, Malappuram District, is hereby quashed.

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Hence, the Crl.M.C. allowed as above.

Sd/-

M.R.ANITHA JUDGE

SMF

Cr.M.C.No.3337 of 2021

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APPENDIX OF CRL.MC 3337/2021

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PETITIONERS' ANNEXURE

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ANNEXURE A TRUE COPY OF THE FIR INC RIME NO.28/2021 OF THE MANKADA POLICE STATION, KOZHIKODE DISTRICT.

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ANNEXURE B

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TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 1-7-2021

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//TRUE COPY//

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PA TO JUDGE

Nabeel v. the State of Kerala

Case brief

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Nabeel v. the State of Kerala

Case brief

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