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Shahul Hameed

High Court Of Kerala|26 December, 2014
|

JUDGMENT / ORDER

The petitioners are the accused in Crime No.747 of 2013 of Thenhipalam Police Station. The said case is registered under Section 498A r/w. Section 34 of the IPC. The petitioners seek to quash the First Information Report and all further proceedings in the said crime in this proceedings under Section 482 of the Code of Criminal Procedure.
2. The case referred to above is one registered based on a statement given by the second respondent, who is the wife of the first petitioner. It is stated in the Memorandum of Criminal Miscellaneous Case that the disputes between the first petitioner and the second respondent have been amicably settled and they have decided to live separately. An affidavit to that effect of the second respondent is also produced along with the Criminal Miscellaneous Case as Annexure - B.
3. Heard the learned counsel for the petitioners, the learned Crl.M.C. No.6814 of 2014 2 counsel for the second respondent and the learned Public Prosecutor.
4. In the said circumstances, having regard to the decision of the Apex Court in Jitendra Raghuvanshi v. Babita Raghuvanshi [2013(2) KLT 47(SC)], the First Information Report and all further proceedings in Crime No.747 of 2013 of Thenhipalam Police Station are quashed.
The Criminal Miscellaneous Case is disposed of as above.
Sd/-
P.B.SURESH KUMAR, JUDGE.
smv
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Title

Shahul Hameed

Court

High Court Of Kerala

JudgmentDate
26 December, 2014
Judges
  • P B Suresh Kumar
Advocates
  • Ramla D O Pocker
  • Sri Babu S
  • Sri
  • K Rakesh