Criminal Miscellaneous petition filed by accused to quash criminal proceedings based on amicable settlement of matrimonial disputes was considered by the High Court.
Criminal Miscellaneous Case No.75/2009 on the file of Judicial First Class Magistrate, Paravoor is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931
Crl.MC.No. 3442 of 2009()
-----------------------------------CC.75/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PARAVOOR. CRIME NO.94/2007 OF CHATHANOOR POLICE STATION, KOLLAM DISTRICT.
PETITIONERS/ACCUSED 1 TO 7
---------------------------------------------
1. SABEER HUSSAIN,S/O. BASHEER, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT
2. BASHEER,S/O.ABDUL RAHMAN, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT.
3. AYSHA,W/O. BASHEER, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT
4. SAKKEER, S/O. RAHMAN @ ABDUL RAHMAN, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT.
5. FATHIMA @ SUNI, W/O. SAKEER, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT.
6. SHAKEELA, D/O.AYSHA, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT.
7. RAMLATH, D/O. AYSHA, PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT
BY ADV. MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN
RESPONDENTS/COMPLAINANTS
----------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Crl.MC.No. 3442 of 2009
2. THE SUB INSEPCTOR OF POLICE, CHATHANOOR POLICE STATION, CHATHANOOR, KOLLAM DISTRICT.
3. SUDHEENA,D/O. NUJUMUDDIN, VELANTAZHIKAM VEEDU, KUNDUMALCHERI, NEDUMBANA, KOLLAM DISTRICT, PRESENTLY RESIDING AT PANCHITTAZHIKAM VEEDU, RAMANKULANGARA, KANNIMELCHERI, SAKTHIKULANGARA, KOLLAM DISTRICT.
R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R3 BY ADV. MR.V.K.RAFEEK.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.3442 OF 2009
Dated 1st December 2009
O R D E R
Petitioners are the accused and third respondent, the de facto complainant in C.C.75/2009 on the file of the Judicial First Class Magistrate, Paravoor taken cognizance on Annexure-I final report for the offences under Sections 447, 323, 324, 498 A read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that as the entire matrimonial disputes with third respondent were settled amicably, it is not in the interest of justice to continue the prosecution.
2
Crmc 3442/09
give more dowry, petitioners caused hurt to third respondent and thereby committed the offences.
petitioners, third respondent and learned Public Prosecutor were heard.
others v. State of Haryana and another (2003(4) SCC
675 ), when there has been complete settlement of the matrimonial disputes, it is not in the interest of
Crmc 3442/09
justice to continue the prosecution.
Petition is allowed. C.C.75/2009 on the file of Judicial First Class Magistrate, Paravoor is quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether proceedings under Sections 447, 323, 324, 498-A IPC should be quashed upon amicable settlement of matrimonial disputes.
Whether Section 498-A IPC is compoundable upon settlement reached between the parties.
Colour shows how this judgement treated each authority
B.S.Joshi and others v. State of Haryana and anotherReferred¶38
B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) · Who else cites this
2 provisions across 2 enactments
SABEER HUSSAIN
BASHEER
AYSHA
SAKKEER
FATHIMA @ SUNI
SHAKEELA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
