Rafeek v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Crl.MC.No. 6917 of 2014 () --------------------------- CC 423/2014 of J.M.F.C.-II, PUNALUR CRIME NO. 965/2013 OF PUNALUR POLICE STATION ---------------- PETITIONER(S)/ACCUSED :- -------------------------- RAFEEK, AGED 38 YEARS S/O.HANEEFA RAWTHER, KUNNUVILA PADINJATTATHIL VEEDU THEVIYODU, VENCHAMBU, KARAVALOOR VILLAGE PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT(S)/COMPLAINANT & STATE :- ----------------------------------------
1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE PUNALUR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. RAJEENA, AGED 30 YEARS D/O.JAMEELA BEEVI, AMINA MANZIL, THEVIYODU VENCHAMBU, KARAVALOOR VILLAGE KOLLAM DISTRICT-691 333.
R2 BY ADV. SRI.A.MUHAMMED RAFFI R1 BY PUBLIC PROSECUTOR SRI.R.JITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt
Crl.MC.No. 6917 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- ANNEXURE-1.THE FIR WITH FIS AND COMPLAINT IN CRIME NO.965/2013 OF PUNALUR POLICE STATION.
ANNEXURE-2.TRUE COPY OF THE FINAL REPRT IN CRIME NO.965/2013 OF PUNALUR POLICE STATION.
ANNEXURE-3.THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT REGARDING COMPROMISE DATED 29/11/2014. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
P.BHAVADASAN, J.
----------------------------- Crl.M.C. No.6917 of 2014 ------------------------------------- Dated this the 30th day of December 2014
O R D E R
On a complaint filed by the 2nd respondent, a crime was registered as Crime No.965 of 2013 by the Punalur Police for the offence punishable under Sec.498A of IPC. After completion of investigation, final report was laid, cognizance was taken as C.C.No.423 of 2014 by JFCM Court-II, Punalur. 2.
The petitioner now points out that he has settled all differences and disputes between the 2nd respondent and the 2nd respondent has no further grievance in the matter. In support of the above plea, the petitioner relies on the affidavit said to have been sworn to by the 2nd respondent before this Court. 3.
The 2nd respondent before this Court is represented by her counsel, who accepts that an affidavit has been sworn to by the 2nd respondent and stands by the statements contained therein. In the light of the fact that in the affidavit the de facto complainant has specifically stated that she does not intend to proceed further with the matter, it would only be a sheer waste
Crl.M.C. No.6917 of 2014 -: 2 :- of time, if continue the proceedings.
Hence, this petition is allowed.
All further proceedings against the petitioner in C.C.No.423 of 2014 pending before JFCM Court-II, Punalur including the final report shall stand quashed.
Sd/- P.BHAVADASAN, JUDGE.
Jvt