Allowed

Anwar v. State of Kerala

Kerala HC24 Nov 2021Crl.MC/937/2021

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings under Sections 498A, 406, and 34 IPC arising from a domestic dispute. The court held that since the parties had amicably settled all matrimonial issues and the complaintant expressed no desire to continue, further proceedings were an abuse of the process of law.

What did the court decide?

Quashing of the entire further proceedings in C.C. No. 952/2019 arising out of crime No. 185/2019.

Anwar Vs 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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WEDNESDAY, THE 24^TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

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CRL.MC NO. 937 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 952/2019 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS ,VATAKARA

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PETITIONERS/ACCUSED:

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1 ANWAR AGED 33 YEARS S/O. ABUBAKER, PALLIVAYALIL, SHAMSEERA MANZIL (H), NADAPURAM BEACH ROAD, MADAPPALLI COLLEGE P.O, KOZHIKODE. 2 KUNJALEEMA,W/O. ABUBAKER, AGED 51 YEARS PALLIVAYALIL, SHAMSEERA MANZIL (H), NADAPURAM BEACH ROAD, MADAPPALLI COLLEGE P.O, KOZHIKODE.

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3 SHAMSEERA, AGED 35 YEARS W/O. NOUFAL, PALLIVAYALIL, SHAMSEERA MANZIL (H), NADAPURAM BEACH ROAD, MADAPPALLI COLLEGE P.O, KOZHIKODE.

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BY ADV K.REEHA KHADER

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031, (INVESTIGATING OFFICER IN CRIME NO. 185/19 OF CHOMBALA POLICE STATION, KOZHIKODE DISTRICT).

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2 ARSHINA AGED 25 YEARS, D/O.MAJEED, UTHIRUPARAMBIL (H), MELADI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE, PIN-673 305 BY ADV MOHAMMED ASLAM P.S

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OTHER PRESENT:

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PP SANGEETHARAJ.NR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2021,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.937 of 2021 2

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O R D E R

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This Crl.M.C. has been filed seeking to quash the entire further proceedings in C.C.No.952/2019 on the file of the Judicial First Class Magistrate Court, Vatakara, arising out of crime No.185/2019 of Chombala Police Station, which is registered for the offences punishable u/s.498A, 406 r/w. 34 IPC.

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Petitioners are the accused persons in the above crime. Second respondent is the defacto complainant, who is none other than the wife of the 1^st petitioner. It is submitted by the learned counsel for the petitioners that the entire matrimonial issues between the petitioners and the 2^nd respondent – defacto complainant have been amicably settled out of court. Annexure A1 is the copy of Final Report. Annexure A2 is the affidavit duly sworn in by the defacto complainant.

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Adv. Sri. Mohammed Aslam P.S. appeared on behalf of 2^nd respondent – defacto complainant and reported about the settlement arrived at between the parties.

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Learned Public Prosecutor produced copy of the

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Crl.M.C.No.937 of 2021 3

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statement of the SHO along with copy of the signed statement of 2^nd respondent – defacto complainant.

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It has come out from the affidavit as well as the signed statement of the defacto complainant that the entire matrimonial issues between the petitioners and the defacto complainant have been settled out of court and she does not intend to continue the proceedings against the petitioners.

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Since the parties have amicably settled the entire issues, there is no impediment in quashing the proceedings against the petitioners and further continuance of the proceedings against them will be an abuse of process of law. No public interest is involved and the issue is purely personal in nature. Therefore, I am of the view that it is only just and proper to quash the entire proceedings in C.C.No.952/2019 on the file of the Judicial First Class Magistrate Court, Vatakara, arising out of crime No.185/2019 of Chombala Police Station. It is ordered accordingly.

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

Sd/-

M.R.ANITHA JUDGE

shg

Crl.M.C.No.937 of 2021 4

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APPENDIX OF CRL.MC 937/2021

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PETITIONER ANNEXURE ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 185/2019 OF CHOMBALA POLICE STATION, KOZHIKODE DISTRICT, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA AS CC 952/2019 ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Anwar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anwar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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