The High Court of Kerala quashed criminal proceedings under Sections 406 and 498(A) IPC registered against the petitioner for matrimonial offences. The court held that since the couple settled all disputes amicably, continuing prosecution was not in the interest of justice.
Quashing of Crime No. 983 of 2010 of Mathilakam Police Station registered under Annexure-2 FIR.
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 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4200 of 2010 (F)
-------------------------
(CRIME NO.983/2010 OF MATHILAKAM POLICE STATION)
PETITIONER:
-------------------
MUHAMMED SAGEER, AGED 39 YEARS, BUSINESS, S/O. ALIKUNJI, KATTAKATH MULANGATT HOUSE PATHAZHAKKAD.P.O., SREE NARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT.
BY ADVS. SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.RAHUL KANDAMPULLY
RESPONDENTS:
------------------------
1. SHAMNA, D/O. ABDUL AZEEZ, PADIYATH HOUSE ERIYAD DESOM, ERIYAD.P.O., ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT PIN 680 664.
2. STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, MATHILAKAM (FIR NO. 983/2010) POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31.
R1 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN R2 BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
M.SASIDHARAN NAMBIAR, J.
-------------------------------------------------------Crl.M.C No.4200 OF 2010
--------------------------------------------------------Dated this the 16th day of November, 2010.
O R D E R
Petitioner and first respondent are husband and wife. Petitioner is the accused and first respondent, the de facto complainant in Crime No.983 of 2010 of Mathilakam Police Station registered for the offences under Sections 406 and 498 (A) of Indian Penal Code on Annexure-2 FIR. Petition is filed under Section 482 of Code of Criminal Procedure, contending that the case was registered based on Annexure-1 complaint filed before Judicial First Class Magistrate Court, Kodungallur and send for investigation under Section 156 (3) of code of Criminal Procedure and subsequently all matrimonial disputes were settled amicably under Annexure-3 settlement and, therefore, it is not in the interest of justice to continue the prosecution.
2
Crl.M.C No.4200 OF 2010
State of Haryana and another (2003 (4) SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. The affidavit filed by first respondent establishes that all matrimonial disputes were settled amiably. Hence it is not in the interest of justice to continue the prosecution.
Petition is allowed. Crime No. 983 of 2010 of Mathilakam Police Station registered under Annexure-2 FIR is quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
mns
2 issues framed by the court
Whether criminal proceedings under Sections 406 and 498(A) IPC should be quashed upon amicable settlement of matrimonial disputes.
Whether the filing of an affidavit by the wife establishes that disputes were settled amicably warranting quashing.
Colour shows how this judgement treated each authority
B.S Joshi and others v. State of Haryana and anotherApplied¶26
B.S Joshi and others v. State of Haryana and another (2003 (4) SCC 675) · Who else cites this
2 provisions across 2 enactments
MUHAMMED SAGEER
SHAMNA
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
