Allowed

Malik Jalal v. State of Kerala

Kerala HC15 Sept 2023Crl.MC/4556/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed Criminal Miscellaneous Case 4556/2023. The court quashed pending criminal proceedings against petitioners accused under Sections 498A and 34 IPC, finding it a fit case for quashal after the de facto complainant stated the matter was settled, with no public purpose served by continuation. Quality is thin due to the brevity of the order.

What did the court decide?

Criminal proceedings in C.C. No. 123/2022 at the Judicial Magistrate of First Class-I, Aluva, under Sections 498A and 34 IPC against the petitioners are quashed.

Malik Jalal Vs State of Kerala — Domestic Violence | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 15^TH DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945

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CRL.MC NO. 4556 OF 2023

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AGAINST THE ORDER/JUDGMENT CC 123/2022 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS -I, ALUVA

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PETITIONERS:

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1 MALIK JALAL,AGED 32 YEARS,S/O JALAL, MUTHAYIL VEEDU, VARNAM NAGAR, NOCHIMA KARAYIL, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT, PIN - 683101

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2 JALAL,AGED 59 YEARS,S/O MOITHU, MUTHAYIL VEEDU, VARNAM NAGAR, NOCHIMA KARAYIL, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT, PIN - 683101

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3 AYISHA BEEVI,AGED 55 YEARS,W/O JALAL, MUTHAYIL VEEDU, VARNAM NAGAR, NOCHIMA KARAYIL, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT, PIN - 683101

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4 MANZOOR JALAL,AGED 26 YEARS,S/O JALAL, MUTHAYIL VEEDU, VARNAM NAGAR, NOCHIMA KARAYIL, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT, PIN - 683101

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BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON

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RESPONDENT/S:

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1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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2 THE STATION HOUSE OFFICER,EDATHALA POLICE STATION, ERNAKULAM DISTRICT, PIN - 683561

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3 NAZARIN FATHIMA,AGED 24 YEARS,D/O A.H ANSARY, ALACKAPARAMBIL VEEDU, MALLAPPALLY WEST P.O & MURI,MALLAPPALLY VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689585

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SRI. NOUSHAD K A (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M.C. No.4556/2023

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-2-

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O R D E R

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The petitioners are the accused in Crime No.1135/2021 of Edathala Police Station, Ernakulam, which is now pending as C.C.No.123/2022 on the file of the Judicial Magistrate of First Class-I, Aluva alleging commission of offence under Section 498A read with Section 34 of the Indian Penal Code.

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The learned counsel for the petitioners would submit that the entire issues between the 1^st petitioner and the de facto complainant (3^rd respondent) have been settled. Reference is made in this regard to Annexure-A2 affidavit executed by the 3^rd respondent.

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The learned Public Prosecutor submits that a statement was recorded from the 3^rd respondent and she had informed the police official that the matter had not been settled. However when this matter is taken up for consideration today the 3^rd respondent appears in person and states that the matters have been settled and she does not wish to continue with the prosecution against the petitioners which is now pending as C.C.No.123/2022 on the file of the Judicial Magistrate of First Class-I, Aluva.

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Having heard the learned counsel for the petitioner, the learned Public Prosecutor and learned counsel for the 3^rd respondent / de facto complainant, I am of the view that this is a fit case where, the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings initiated against the petitioners. No public purpose would be served by continuing with the proceedings against the petitioners.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners, in C.C.No.123/2022 on the file of the Judicial Magistrate of First Class-I, Aluva will stand quashed.

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Sd/- GOPINATH P. JUDGE

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AMG

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Crl. M.C. No.4556/2023

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-3-

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APPENDIX OF CRL.MC 4556/2023

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PETITIONER ANNEXURES

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Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1135/2021 OF EDATHALA POLICE STATION, ERANAKULAM DISTRICT WHICH IS NOW PENDING AS C.C.NO.123/2022 ON THE FILES OF JFCM-1, ALUVA

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Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 08.06.2023 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT

Malik Jalal v. State of Kerala

Case brief

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Malik Jalal v. State of Kerala

Case brief

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