Sunday, May 26, 2013

One more innocent divorcee ready! :File 498a, milk lot of money, HC will rubber stamp quash of 498a, woman free for next round

Notes

  • A typical 498a case
  • Multiple people including parents and elders accused [see ages and names]
  • Woman finally seems to have "done the deal" refer paras that say "...They agreed to dissolve the marriage by pronouncing talaq ...."
  • God knows what else was "in the compromise" ?
  • Kerala HC rubber stamps the quash and bingo ...woman is free to start all over again
  • one more innocent divorcee made



         case from judis nic site       


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT:

      THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

   TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934

                Crl.MC.No. 3119 of 2012 ()
                 ..........................

        CRIME NO.1349/2011 OF ADOOR POLICE STATION


PETITIONER(S)/ACCUSED 1 TO 6:
.............................

          1.  SHEFEEK, AGED 32 YEARS,
              S/O ABDULKADAR, NAJEEB MANZIL, PATHIRIKKAL,
              PATHANAPURAM VILLAGE, PATHAPURAM TALUK.

          2.  LAILA BEEVI @ RAMLA BEEVI, AGED 54 YEARS,
              W/O.ABDULKADHAR, NAJEEB MANZIL, PATHIRIKKAL,
              PATHANAPURAM VILLAGE, PATHANAPURAM TALUK.

          3.  ABDUL KADHAR, AGED 58 YEARS,
              S/O.PEERU MOHAMMED, NAJEEB MANZIL,
              PATHIRIKKAL, PATHANAPURAM VILLAGE,
              PATHANAPURAM TALUK.

         4.   NAJEEB, AGED 36 YEARS,
              S/O. ABDULKADAR, NAJEEB MANZIL,
              PATHIRIKKAL, PATHANAPURAM VILLAGE,
              PATHANAPURAM TALUK.

          4.  FIROZKHAN, AGED 34 YEARS,
              S/O.ABDULKADAR, NAJEEB MANZIL, PATHIRIKKAL,
              PATHANAPURAM VILLAGE, PATHANAPURAM TALUK.

          5.  NEETHA, AGED 21 YEARS,
              W/O.SHAFEEK, NAJEEB MANZIL, PATHIRIKKAL,
              PATHANAPURAM VILLAGE, PATHANAPURAM TALUK.

            BY ADVS.SRI.K.SHAJ
              SRI.SAJJU.S
              SRI.N.A.RETHEESH
              SRI.PRAVEEN THOMAS ABRAHAM

Crl.MC.No. 3119 of 2012 ()


RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
............................................

          1.  STATE OF KERALA,
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM-31.

          2.  SHANILA, AGED 27 YEARS,
              D/O.BASHEER RAWTHER,
              CHEEKALAPARAKIZHAKATHIL,
              KANNAMKODE, ADOOR VILLAGE, ADOOR-691523.


         R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
         R2 BY ADV. SRI.ANANDARAJAN.N


        THIS CRIMINAL MISC. CASE       HAVING COME UP FOR
ADMISSION  ON  15-01-2013, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:


DSV/-

Crl.MC.No. 3119 of 2012 ()


                          APPENDIX


PETITIONERS' ANNEXURES       :


A1  :    COPY OF THE FIR NO.1349/2011 OF THE ADOOR POLICE
         STATION ON THE FILE OF THE JUDICIAL FIRST CLASS
         MAGISTRATE COURT, ADOOR.

A2  :    COPY OF THE COMPROMISE PETITION FILED IN
         O.P.NO.271/2011 ON THE FILE OF THE FAMILY COURT
         THIRUVALLA.

A3  :    COPY OF THE COMPROMISE PETITION FILED IN
         M.C.NO.75/2011 ON THE FILE OF FAMILY COURT
         THIRUVALLA.

A4  :    COPY OF THE JUDGMENT DATED 09.07.2012 IN
         O.P.NO.271/2011 OF THE FAMILY COURT, THIRUVALLA.

A5  :    AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING THE
         SETTLEMENT OF ALL THE DISPUTES.


RESPONDENTS' ANNEXURES       :    NIL



                                  // TRUE COPY //



                                  P.A. TO JUDGE


DSV/-



    T.R.RAMACHANDRAN NAIR, J.
    . . . . . . . . . . . . . . . . . . . . . . . . . .
    Crl. M.C.No. 3119 of 2012
    . . . . . . . . . . . . . . . . . . . . . . . . . .
    DATED THIS THE 15th DAY OF JANUARY, 2013

    O R D E R


The petitioners are accused 1 to 6 in Crime No.1349/2011 of Adoor Police Station,    which is registered alleging offences punishable under Sections 498(A), 406 and 420      read with Section 34 I.P.C. which was registered based on a private complaint filed by the defacto complainant, viz. the second respondent herein.

2.   The first petitioner and the second respondent married on 4.10.2009. It is stated that during the pendency of the case at the crime stage itself, the well wishers and common family friends intervened and the matter was amicably settled between the parties and the parties have decided to separate also. They agreed to dissolve the marriage by pronouncing talaq and O.P.No.271/2011   andM.C. No.75/2011 filed by the second respondent before the Family Court, Thiruvalla have also been settled and Annexure A2 is the compromise petition filed in O.P.No.271/2011. Annexure A3 is the compromise petition filed in M.C.No.75/2011 and Annexure A4 is the certified copy of the judgment in O.P.No.271/2011. The second respondent has undertaken before the Family Court, Thiruvalla that she will take necessary steps to withdraw the   case against the petitioners including filing affidavit before this Court. Accordingly, Annexure A5 affidavit has been filed.

      3. A reading of the affidavit shows that the matter has been amicably settled and she has no grievance against the petitioners and that she has no objection in quashing the proceedings.

      4.    Heard    learned counsel on both sides and learned Public Prosecutor, who also submits that there was a settlement between the parties.

      5. In the light of the settlement between the parties, there is no useful purpose in proceeding with the criminal case. In the light of the legal position explained by the Apex Court in Gian Singh v. State of Punjab (2012 (4) KLT 108 - SC) this Court will be justified in quashing the criminal case.

      Accordingly, the Crl.M.C. is allowed. The F.I.R. in Crime No.1349/2011 of Adoor Police Station on the file of the Judicial First Class Magistrate Court, Adoor and the proceedings initiated against the petitioners will stand quashed. No costs.


(T.R.RAMACHANDRAN NAIR, JUDGE)

kav/