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Noushad vs State Of Kerala

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

The petitioner, who is the accused in C.C.No.369 of 2009 of the Judicial First Class Magistrate's Court-V, Kozhikode for the offences punishable under Sections 498A and 406 IPC, has come up with this Crl.M.C under Section 482 Cr.P.C. for getting all the proceedings in the said case, quashed. 2. The said case has arisen from Crime No.128 of 2008 of the Feroke Police Station registered for the offences punishable under Sections 498 A and 406 IPC. The allegation against the petitioner is that he has tortured and harassed the defacto complainant, who is his wife, and treated her with cruelty within the meaning of Section 498A IPC and misappropriated her entire gold ornaments and Crl.M.C.No.6527/2014 : 2 :
money.
3. According to the petitioner, the matter has been amicably settled between him and the defacto complainant. Presently, the defacto complainant has no complaints against the petitioner. The defacto complainant is the 1st respondent herein. The 1st respondent has filed an affidavit affirming that the disputes between her and the petitioner have been settled out of court and she has no grievance against the petitioner. She has also prayed for getting all the proceedings in C.C.No.369 of 2009 of the Judicial First Class Magistrate's Court-V, Kozhikode quashed.
4. The 1st respondent has entered appearance through her counsel and the learned counsel for the 1st respondent also endorses the fact that the affidavit has been sworn in by the 1st respondent herein and that the matter has been amicably settled. When the matrimonial dispute has been amicably settled and the parties do not want to proceed with the matter, it is just and expedient in the interest of justice to quash all further proceedings in Crl.M.C.No.6527/2014 : 3 :
C.C.No.369 of 2009 of the Judicial First Class Magistrate's Court-V, Kozhikode, which has arisen from Crime No.128 of 2008 of the Feroke Police Station.
In the result, this Crl.M.C. is allowed and Annexure A Final Report as against the petitioner and all further proceedings in C.C.No.369 of 2009 of the Judicial First Class Magistrate's Court-V, Kozhikode are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/22/11
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Title

Noushad vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri
  • P V Kunhikrishnan