Allowed

Abdul Salam.K v. State of Kerala

Kerala HC8 Apr 2024Crl.MC/397/2024

Case brief

AI extract

What is this about?

Criminal Miscellaneous case filed under Section 482 CrPC to quash an FIR alleging offence under Section 354D IPC. The court allowed the petition and quashed the FIR and related proceedings based on a settlement affidavit filed by the defacto complainant.

What did the court decide?

Annexure A1 First Information Report in Crime No.711/2021 and all further proceedings in C.C. No.496/2022 stand quashed.

Abdul Salam.K Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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CRL.MC NO. 397 OF 2024

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CRIME NO.711/2021 OF FEROKE POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.496 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE

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PETITIONER/ACCUSED:

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ABDUL SALAM.K
AGED 35 YEARS
S/O.POKKUTTY.K, MEENPATTU, PURAYIL, PULLIPARAMBU,
CHELEMBRA MALAPURAM DISTRICT -, PIN - 673634
BY ADV
DIVYA B. NAIR

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

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2RUBEENA.T,
AGED 39 YEARS
W/O.UNNEENKUTTY, PANOLI THODI, NALLURE, FEROKE,
KOZHIKODE DISTRICT-, PIN - 673631
BY ADVS

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SRI. M. P. PRASANTH – PUBLIC PROSECUTOR
R.RAJASREE (CHUTTIMATTATHIL)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C. No.397 OF 2024

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A. BADHARUDEEN, J. -----------------------------------------------Crl.M.C. No.397 of 2024

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------------------------------------------------Dated this the 8^th day of April, 2024

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ORDER

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 First Information Report in Crime No.711/2021 of Feroke Police Station, Kozhikode and all further proceedings in C. C. No.496/2022 on the files of the Judicial First Class Magistrate Court-V, Kozhikode. Petitioner herein is the accused in the above case.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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In this matter, offence punishable under Section 354D(1)(ii) of the Indian Penal Code is alleged to have been committed by the accused.

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The defacto complainant filed Annexure A2 affidavit stating that the dispute has been settled between the parties

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Crl.M.C. No.397 OF 2024

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and no further action is required in this matter.

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The learned Public Prosecutor submitted that a

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similar statement of the defacto complainant was recorded by the Police also.

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In view of the affidavit, there is no meaning in continuing this case further, to cause hindrance to the peaceful living of parties in the case. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed and Annexure A1 First Information Report in Crime No.711/2021 of Feroke Police Station, Kozhikode and all further proceedings in C. C. No.496/2022 on the files of the Judicial First Class Magistrate Court-V, Kozhikode stand quashed.

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Sd/A. BADHARUDEEN JUDGE

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Crl.M.C. No.397 OF 2024

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APPENDIX OF CRL.MC 397/2024

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PETITIONER’S ANNEXURES
Annexure A1TRUE COPY OF THE FIR IN CRIME NO.
711/2021 OF FEROKE POLICE STATION, DATED
16/10/2021

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Annexure A2TRUE COPY OF THE AFFIDAVIT SWORN BY THE
DEFACTO COMPLAINANT DATED 22-12-2023

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RESPONDENT’S ANNEXURES: NIL

Abdul Salam.K v. State of Kerala

Case brief

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Abdul Salam.K v. State of Kerala

Case brief

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