IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Crl.MC.No. 4218 of 2011() ------------------------------------ CC.50/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ANDROTT .................... PETITIONER(S) / ACCUSED: ---------------------------------------- IBRAHIM KUREJJAGOTHI, AGED 35, S/O.ISMAIL FAITHILAGOTHI, RAMMEDU VILLAGE, MINICOY ISLAND, U.T.OF LAKSHADWEEP. BY ADVS. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. 2. FARHANA MANIKA, AGED 20, D/O.HASSAN MANIKFAN, MANIKAGOTHI(H), RAMMEDU VILLAGE, MINICOY - 691 004. R1 BY PUBLIC PROSECUTOR SMT. JASMINE R2 BY ADV. SRI.T.B.MOHAMMED ANVARSHAH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV CRMCNO.4218/2011 APPENDIX PETITIONER'S EXHIBITS: ANNEX.I : COPY OF FIR NO. 1 OF 2010 OF MINICOY POLICE STATION. ANNEX.II : COPY OF REQUEST DATED 07.12.2010 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE OFFICER-IN-CHARGE OF MINICOY POLICE STATION. ANNEX.III: COPY OF FINAL REPORT SUBMITTED BY THE INVESTIGATING OFFICER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MINICOY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4218 of 2011 ----------------------------------- Dated this the 19th day of December 2011 O R D E R Petitioner is the accused in C.C.No.2/2011 of J.F.C.M., Androth – Lakshadweep. Affidavit of the 2nd respondent has been filed. It is stated that the petitioner and the 2nd respondent herein are living together peacefully and happily as husband and wife and the 2nd respondent does not intend to proceed further in the matter. The offences under Sec.292 IPC and Sec.6 of Indecent Representation of Women Prohibition Act, 1986 are not purely personal but since grievance with regard to exhibition of obscene object was stated to have been done against the 2nd respondent herself and since she, being the wife of the petitioner, has no grievance with regard to the same, to see that the marital relationship is not affected or disrupted, this petition is allowed. Hence, this Crl.M.C. is allowed. Proceeding against this petitioner in C.C.No.2/2011 of J.F.C.M., Androth – Lakshadweep is quashed. Sd/- N.K.BALAKRISHNAN, JUDGE. Jvt “C.C.No.2/2011 of J.F.C.M., Androth” occurring in the Crl.M.C. No.4218 of 2011 -: 2 :- 1st line of paragraph 1 and in the 2nd line of paragraph 2 of the final order dated 19.12.2011 in Crl.M.C.No.4218/2011 is corrected and substituted as “C.C.No.50/2011 of J.F.C.M., Androth”. The 3rd and 4th sentences of the 1st paragraph of the above order are corrected and substituted with the following sentences :- “Petitioner and the 2nd respondent are living separately with their spouses peacefully and happily and so, the 2nd respondent does not intend to proceed further in the matter. The offences under Section 292 of IPC and Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 are not purely personal but since the parties have settled the matter and they do not intend to proceed further, this petition is allowed.” Vide order dated 7.3.2014 in Crl.M.A.No.1373/2012 in Crl.M.C.No.4218/2011. Sd/- Registrar (Judicial)