Allowed

Sahad v. the State of Kerala

Kerala HC1 Nov 2021Crl.MC/3633/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the criminal miscellaneous petition to quash further proceedings in a case involving offences under Sections 406 and 498A r/w 34 IPC. The court held that matrimonial issues were settled out of court with the victim's statement that proceedings are no longer desired, finding no public interest involved and concluding that continuing them would be an abuse of process

What did the court decide?

All further proceedings pending in C.C.No.320/2020 against the petitioners are quashed.

Sahad 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 1^ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943

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CRL.MC NO. 3633 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 320/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM, MALAPPURAM

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PETITIONERS/ACCUSED 1 TO 5:

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1 SAHAD AGED 27 YEARS S/O.KOYA, KURUNNIYAN HOUSE, AMBALAMAD, PARAPPUR, VENGARA, MALAPPURAM DISTRICT - 676 503.

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2 KOYA

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AGED 52 YEARS KURUNNIYAN HOUSE, AMBALAMAD, PARAPPUR, VENGARA, MALAPPURAM DISTRICT - 676 503.

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3 HASEENA

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AGED 47 YEARS

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W/O.KOYA, KURUNNIYAN HOUSE, AMBALAMAD, PARAPPUR, VENGARA, MALAPPURAM DISTRICT - 676 503.

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4 JASEENA AGED 24 YEARS W/O.NOUSHAD, APPEDA HOUSE, PANDIMUTTAM, THAYYALA, TANUR, MALAPPURAM DISTRICT - 676 302.

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5 THITHI

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AGED 66 YEARS KURUNNIYAN HOUSE, AMBALAMAD, PARAPPUR, VENGARA, MALAPPURAM DISTRICT - 676 503.

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BY ADV E.C.AHAMED FAZIL

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RESPONDENTS/STATE AND COMPLAINANT/VICTIM:

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

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CRL.MC NO. 3633 OF 2021

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2 THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, MALAPPURAM DISTRICT - 676 304. 3 SAHARABEE K.K. AGED 21 YEARS D/O.HUSSAIN, KODAKKALLAN HOUSE, PANAKKAD, PATTRKADAVU POST, ERNAD TALUK, MALAPPURAM DISTRICT - 676 519. BY ADV NIYAS MOHAMMED

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PP.SRI. SANGEETHARAJ.NR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3633 OF 2021

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ORDER

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This Crl.M.C has been filed seeking to quash

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all further proceedings against the petitioners in C.C.No.320 of 2020 on the files of the Judicial First Class Magistrate Court, Malappuram, which arose out of crime No.9 of 2020 of Vengara Police Station, which has been registered for the offence punishable under Sections 406, 498A r/w 34 IPC.

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It is alleged that the first petitioner

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married the third respondent/defacto complainant on

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15.08.2018 as per their religious rites.

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Thereafter, while living together as husband and wife, she had been subjected to continuous physical

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and mental torture and petitioners also

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misappropriated her gold ornaments given at the time of marriage. Thereby the accused committed the offences aforementioned.

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Annexure-A1 is the copy of the final

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report.

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CRL.MC NO. 3633 OF 2021

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matrimonial issues between the petitioners and defacto complainant/3^rd respondent have been settled with the intervention of the mediators out of court. She has no surviving grievance against the petitioners.

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Adv.Niyas Muhammed appeared on behalf of

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the 3^rd respondent and reports about the settlement arrived at between the parties.

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The learned Public Prosecutor produced

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copy of the report of the SHO along with the copy

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of the signed statement of the defacto complainant.

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In the affidavit duly sworn in by the defacto

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complainant as well as in the statement given to the SHO, she reiterated her stand that the matter

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has been amicably settled with the petitioners. She

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has also categorically stated that the first petitioner pronounced 'Talaq' and now they are

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living separate and she is not interested in continuing the proceedings against the petitioners.

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CRL.MC NO. 3633 OF 2021

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The entire matrimonial issues between the

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petitioners and the 3^rd respondent have been

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amicably settled out of court. The entire issues

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between the parties are also purely private and

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personal in nature and no public interest is involved. Hence, the continuation of the

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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 further proceedings against the petitioners in the above crime.

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In the result, Crl.M.C. allowed and all

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further proceedings pending against the petitioners in C.C.No.320/2020 on the file of the Judicial First Class Magistrate Court, Malappuram, which arose out of crime No. 9 of 2020 of Vengara Police Station, is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

hmh

CRL.MC NO. 3633 OF 2021

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APPENDIX OF CRL.MC 3633/2021

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PETITIONER ANNEXURE

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Annexure A1 TRUE COPY OF FINAL REPORT IN CRIME NO.9 OF 2020 OF VENGARA POLICE STATION, MALAPPURAM DISTRICT.

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Annexure A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.

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RESPONDENT ANNEXURE NIL

Sahad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sahad v. the State of Kerala

Case brief

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What did the court decide?

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