IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 89 of 2010()
1. ANFIL, AGED 30 YEARS,
... Petitioner
2. ABDUL JABBAR, AGED 53 YEARS,
3. ANSALNA JABBAR, AGED 49 YEARS,
4. ASHNAMOL, AGED 19 YEARS,
Vs
1. KHALID HAKKEEM,
... Respondent
2. STATE OF KERALA, REPRESENTED
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :SRI.ASHIK K. MOHAMMED ALI
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/01/2010
O R D E R
P.BHAVADASAN, J.
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Cr. MC No.89 of 2010-C
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Dated 28th January 2010
Order
This is a petition filed under Section 482 of the
Code of Criminal Procedure, seeking to have all further
proceedings and FIR in Crime No.995 of 2009, pending
before the Cheranelloor Police Station, quashed. The
petitioners are accused in the above said crime for
having committed the offences punishable under
Ss.498A and 304B read with S.34 IPC.
2. Jisma, the daughter of the 1st respondent was
married to the first petitioner. She died and there was an
allegation that it was due to the cruelty meted out to her
by the inmates of the family of the first petitioner. Based
on the complaint filed by the first respondent, Crime
No.995/09 was registered. A copy of the F.I.R. is
produced as Annexure A. It is stated that later, due to
the intervention of some well-wishers, the matter was
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settled between the parties. The first respondent, the
father of the lady, who was the defacto complainant, has
stated that he had no further complaint in the matter and
the matter was settled.
3. I also heard the learned counsel appearing for
the first respondent, who submitted that the matter has
been settled between the parties and that no further
grievance subsists in the matter.
4. True, the offences disclosed are not
compoundable as offences are those punishable under
Ss.498A and 304B read with S.34 IPC. But, on going
through the allegations, it is found that the allegation of
commission of offence punishable under S.304B may
not be established. Considering the fact that the matter
is concerning the personal rights of the parties, it is felt
that holding the trial will be only a futile exercise.
Accordingly, this petition is allowed. The FIR in Crime
No.995 of 2009, pending before the Cheranelloor Police
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Station is quashed and further proceedings in the said
case shall be dropped.
P.BHAVADASAN, JUDGE
sta
Cr. MC No.89/10 4