IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Crl.MC.No. 3444 of 2011() ------------------------- CC.669/2011 of JUDL. FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO:30/2011 OF THE MALAPPURAM POLICE STATION .................... PETITIONER/ACCUSED NO:2 ------------------------- JASEELA P.M,D/O.ABDUL RAZAK, PULLIYIL MADASSERY HOUSE, MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT ---------------------------------------- 1. THE STATE OF KERALA, REP.BY THE SUB INSEPCTOR OF POLICE, MALAPPURAM POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. ABDUL BASITH, S/O.ABDUL RAZAK, PULLIYIL MADASSERY HOUSE, MELMURI,MALAPPURAM DIST. R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R2 BY ADV. SRI. RAKESH K THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ Crl.MC.No. 3444 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNX. A: COPY OF THE F.I.R. IN CRIME NO:30/2011 OF THE MALAPPURAM POLICE STATION DATED 10.1.2011. ANNX. B: COPY OF THE CHARGE IN CRIME NO:30/2011 OF THE MALAPPURAM POLICE STATION. ANNX. C: COPY OF THE NOTARIZED AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 8.10.2011 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE JJJ N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3444 of 2011 ---------------------------------------------------- Dated this the 11th day of October, 2011 Order The petitioner is the second accused in C.C.N o.669 of 2011 on the file of the J.F.C.M.Court, Malappuram. A crime was registered against her under Sections 454, 380, 461 r/w 34 IPC. The defacto complainant is the brother of the petitioner herein. The defacto complainant is represented in this court by his counsel. It is submitted by the learned counsel on both sides that the petitioner later realised that the first accused who pretended that he was in love with her has actually cheated her and took away her gold ornaments etc. The defacto complainant does not now want to proceed the cases against his sister (the petitioner herein) since she subsequently realised her folly and has been subsequently married to another person. It is submitted by the counsel on both sides that quashing the case as against the petitioner will not affect the merits of the case against the other accused. Since the defacto complainant is the brother of the petitioner, in order to maintain harmony in their home, it is just Crl.M.C.3444/11 2 and proper that the case against this petitioner is quashed. In the result, this Crl. M.C. is allowed. The case pending against the 2nd accused (the petitioner herein) in C.C.No.669/2011 on the file of the J.F.C.M.Court, Malappuram alone is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3444/11 3