Allowed

Muhammad Ali v. State of Kerala

Kerala HC6 Jun 2024Crl.MC/339/2024

Case brief

AI extract

What is this about?

Husband and his family sought quashing of an FIR alleging offences under Sections 498A and 406 IPC. The defacto complainant wife swore an affidavit confirming settlement and no grievance. Holding the settlement genuine, the High Court allowed the petition and quashed the FIR and further proceedings.

What did the court decide?

Annexure-1 FIR in Crime No.829/2023 of Nadapuram Police Station, Kozhikode and all further proceedings quashed.

Muhammad Ali Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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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 A. BADHARUDEEN

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THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

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CRL.MC NO. 339 OF 2024

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CRIME NO.829/2023 OF NADAPURAM POLICE STATION, KOZHIKODE

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PETITIONERS/ACCUSED NO.1 TO 5:

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1 MUHAMMAD ALI AGED 36 YEARS S/O IBRAHIM MEETHALE PERUVANNUR HOUSE, KALACHI, KOZHIKODE RURAL, KERALA, PIN - 673506

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2 NAFEESA MEETHALE PERUVANNUR HOUSE, KALACHI, KOZHIKODE RURAL, KERALA, PIN - 673506

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3 NAUSHAD MEETHALE PERUVANNUR HOUSE, KALLACHI, KOZHIKODE RURAL, KERALA, PIN - 673506

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4 SAKKEENA W/O NAUFAL, MEETHALE PERUVANNUR HOUSE, KALLACHI, KOZHIKODE RURAL, KERALA, PIN - 673506

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5 NUSARATH MEETHALE PERUVANNUR HOUSE, KALLACHI, KOZHIKODE RURAL, KERALA, PIN - 673506 BY ADVS. SHARAN SHAHIER RAKHY BABY STEPHY MARY SAJI TREESA SHAJI ITTY PAULSON

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 SHAMNA AGED 28 YEARS D/O MOIDU. KINARULLA PARAMBATH, NARIPPATTA, KOZHIKODE RURAL, PIN - 673506

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PP - NIMA JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.06.2024,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 339 of 2024

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ORDER

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Dated this the 6 th day of June, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-1 FIR in Crime No.829/2023 of Nadapuram Police Station, Kozhikode.

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Heard the learned counsel for th e petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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In this matter, offences punishable under Sections 498(A) and 406 of IPC are alleged to have been committed

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by the accused and the de facto complainant is none other than the wife of the 1^st accused.

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An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.

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The learned Public Prosecutor also submitted that

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Crl.M.C. No. 339 of 2024

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the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

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Since the matter has been settled, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed. Annexure-1 FIR in Crime No.829/2023 of Nadapuram Police Station, Kozhikode and the proceedings thereof stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No. 339 of 2024

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APPENDIX OF CRL.MC 339/2024

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PETITIONER ANNEXURES :
Annexure 1THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 14.12.2023
CRIME NO. 0829/2023 OF NADAPURAM POLICE
STATION, KOZHIKODE DISTRICT
Annexure 2AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 18/12/2023

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RESPONDENTS’ ANNEXURES : NIL

Muhammad Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammad Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

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