IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Crl.MC.No. 4076 of 2011() ------------------------------------ CRIME NO.290/2010 OF TANUR POLICE STATION. ............... PETITIONER(S): --------------------- NASAR, S/O. ABDURAHIMAN, ALIKKANAKATH, POST NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. RAMLA, D/O. MUHAMMED, VELLIYATH HOUSE, POST K.PURAM, K.PURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-678 031. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. R2 BY ADV. SRI.S.SHAJI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, ALONG WITH CRMC NO. 4077 OF 2011 AND CRMC NO.4084 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 4076 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 : TRUE COPY OF THE FIR IN CRIME NO.290/10 DTD.1.7.10 OF TANUR POLICE STATION. ANNEXURE A2 : TRUE COPY OF COMPLAINT FILED BY 2ND RESPONDENT BEFORE THE JFCM COURT, PARAPPANANGADI, DTD.17.3.2010. ANNEXURE A3 : TRUE COPY OF THE FIR IN CRIME NO.139/10 OF TANUR POLICE STATION, DTD.19.3.2010. ANNEXURE A4 : TRUE COPY OF THE FIR IN CRIME NO.139/10 OF TANUR POLICE STATION, DTD.1.7.2010. ANNEXURE A5 : TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C. BOOK OF THE PETITIONER, DTD.25.3.1993. ANNEXURE A6 : TRUE COPY OF THE AGREEMENT BETWEEN THE BROTHER OF THE PETITIONER AND THE 2ND RESPONDENT DTD.21.11.2011. ANNEXURE A7 : TRUE COPY OF THE AFFIDAVIT OF THE SECOND RESPONDENT, DTD.21.11.2011. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.Nos. 4076, 4077 & 4084 of 2011 ------------------------------------------ Dated this the 29th day of November, 2011 ORDER Petitioners are the accused in CC.871/10 of JFCM, Parappanangadi The offence alleged against them are under sections 406 and 498A r/w 34 IPC. The second respondent is the de facto complainant therein. She is represented in this court by her counsel. It is submitted by the counsel appearing for both sides that the entire matrimonial dispute has been settled out of court. It is further submitted that the second respondent had filed one complaint against Sainudheen, the second petitioner herein (elder brother of the second respondent's husband) alleging offence under Section 376 IPC. The alleged incident therein was stated to have taken place in January – 2009. Yet another crime No.290/10 was registered by the police based on another complaint filed by the second respondent where Nazar, another brother of her husband was stated to have committed the offence under Section 376 IPC. That Crl.M.C.No. 4076, 4077 & 4084 of 2011 -: 2 :- incident was alleged to have taken place in May – 1993. Learned counsel appearing for both sides would submit that out of those two complaints, one against Nazar and the other against Sainudheen happened to be filed by the second respondent because of the estrangement in the family and those matters were also stated to have been settled, the terms of which have been incorporated in the agreement and the affidavit filed by her. So far as the crime against Nazar, Crime No.290/10 is concerned, it is till pending investigation. It is for the second respondent to give a statement to the investigating officer as to what transpired and how the complaint happened to be filed and also the fact that the matter was settled for which an agreement was executed etc. So far the case against the Sainudheen in Sessions case 186/11 is concerned, it is for the petitioner to produce the second respondent (de facto complainant) before the learned Sessions Judge and apprise the fact situation as has been mentioned above. The Crl.M.C.No. 4076, 4077 & 4084 of 2011 -: 3 :- learned Sessions Judge will record his statement and dispose of the matter in accordance with law. Hence, the Criminal M.C.4077 and 4076 are disposed of in the line mentioned above. Criminal M.C. 4084/11 is allowed. The proceedings in CC.871/10 of JFCM, Parappanangadi is quashed. . N.K. BALAKRISHNAN, JUDGE. smvd