High Court allowed a criminal miscellaneous petition to quash criminal proceedings (C.C. No.128/2012) arising from a crime related to matrimonial disputes, citing a full settlement between parties and established precedents.
Crl.M.C. No.990 of 2013 allowed; Final Report in Crime No.313/2011 and proceedings in C.C. No.128/2012 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 C.T.RAVIKUMAR
FRIDAY, THE 22ND DAY OF FEBRUARY 2013/3RD PHALGUNA 1934
Crl.MC.No. 990 of 2013 () --------------------------
AGAINST THE JUDGMENT IN CC.128/2012 of J.M.F.C.-V,KOZHIKODE
PETITIONER(S)/ACCUSED:
1. RAMSHEED, AGED 29 YEARS S/O UMMAR, AMBATTU HOUSE, AAVIYIL PARAMBU NADAKKAVU, KOZHIKODE.
2. RASHEED, AGED 39 YEARS S/O MUHAMMED KOYA, AMBATTU HOUSE, AAVIYIL PARAMBU NADAKKAVU, KOZHIKODE.
3. SIRAJUDDEEN, AGED 36 YEARS S/O MOIDEEN KOYA, POOVI HOUSE, PALLIKKANDY KALLAI P.O., KOZHIKODE.
4. SHAHABAS, AGED 22 YEARS S/O SUBAIR, SOUBEENA MANZIL, CHEMMEEN KUZHIKKAL PALLIKKANDY, KALLAI P.O, KOZHIKODE.
5. SHUHAD, AGED 19 YEARS S/O SUBAIR, SOUBEENA MANZIL, CHEMMEEN KUZHIKKAL PALLIKKANDY, KALLAI P.O, KOZHIKODE.
6. SOUBEENA, AGED 22 YEARS D/O SUBAIR, SOUBEENA MANZIL, CHEMMEEN KUZHIKKAL
PALLIKKANDY, KALLAI P.O, KOZHIKODE.
7. SOUDABI, AGED 40 YEARS W/O SUBAIR, SOUBEENA MANZIL, CHEMMEEN KUZHIKKAL PALLIKKANDY, KALLAI P.O, KOZHIKODE.
8. SUBAIDA, AGED 53 YEARS W/O MUHAMMED KOYA, AMBATTU HOUSE, AAVIYIL PARAMBU NADAKKAVU, KOZHIKODE.
9. MUNEER, AGED 39 YEARS W/O MUHAMMED. AMBATTU HOUSE, AAVIYIL PARAMBU NADAKKAVU, KOZHIKODE. BY ADV. SRI.JESWIN P.VARGHESE
Crl.MC.No. 990 of 2013 ()
COMPLAINANT(S)/COMPLAINANT:
-------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. SINAJU, , AGED 31 YEARS S/O ABDU REHIMAN, FEBEENA MANZIL, ARAKKINAR BEYPORE P.O., KOZHIKODE, PIN:673 015.
3. FEBEENA, AGED 29 YEARS W/O SALIM, FEBEENA MANZIL, ARAKKINAR BEYPORE P.O., KOZHIKODE, PIN:673 015.
4. SAKEENA,, AGED 51 YEARS W/O ABDU REHIMAN, FEBEENA MANZIL, ARAKKINAR BEYPORE P.O., KOZHIKODE, PIN:673 015.
R2-4 BY ADV. SMT.G.VIDYA
R BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 990 of 2013 ()
APPENDIX
PETITIONER(S) EXHIBITS
ANNEUXRE A: A CERTIFIED OF THE FIR IN CRIME NO.313/2011 OF BEYPORE POLICE STATION DATED 28.11.2011.
ANNEXURE B: A CERTIFIED COPY OF FINAL REPORT IN C.C.NO.128/2012 ON THE FILES OF JFCM COURT NO.V, KOZHIKODE.
ANNEXURE C: THE AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 30.6.2012.
ANNEXURE C(1) THE AFFIDAVIT SWORN BY 3RD RESPONDEN TDATED 30.6.2012.
ANNEXURE D: A TRUE COPY OF THE ORDER OF HON'BLE HIGH COURT IN CRL.M.C.NO.3927/2012 DATED 15.1.2013.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
PA TO JUDGE
SCL.
C.T. RAVIKUMAR, J.
Crl.M.C. No. 990 of 2013
Dated this the 22nd day of February, 2013
ORDER
The petitioners are the accused in C.C. No.128/2012 on the files of the Court of Judicial First Class Magistrate-V, Kozhikode arising from Crime No.313/2011 of Beypore Police Station. The indictment against the petitioners is one of the commission of the offences punishable under Sections 143, 147, 148, 447, 452, 323, 324, 427 r/w Section 149 of the Indian Penal Code.
Crl.M.C. 990 of 2013
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compromised the entire disputes between them. Annexure D would reveal that the case which was pending against the second respondent and his relatives alleging commission of offences under Sections 498 A and 406 of IPC, was also compromised and settled as part of the settlement arrived at and ultimately this Court, as per the same, quashed all the proceedings in C.C No.611/2011 and 381/2012 on the files of the Court of Judicial First Class Magistrate-V, Kozhikode against the second respondent and his relatives. It is submitted that in terms of the settlement, the second respondent did not want to pursue the prosecution against the petitioners herein as the entire disputes have been compromised and settled. It is in the said circumstances, this petition has been filed seeking quashment of Annexure B final report and all further proceedings in C.C No.128/2012 which is now pending on the files of the Court of Judicial First Class Magistrate-V, Kozhikode.
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situation obtained in this case, continuation of proceedings in C.C No.128/2012 has now become absolutely unnecessary.
In such circumstances and in the light of the decision of the honourable Apex Court in Gian Singh Vs. State of Punjab [2012 (4) KLT 108 (SC)], continuation of the criminal proceedings has to be prevented to secure the ends of justice. Resultantly this Crl. M.C is allowed. Annexure B final report laid in Crime No.313/2011 of Beypore Police Station and all further proceedings pursuant thereto in C.C No.128/2012 on the files of the Court of the Judicial First Class Magistrate-V, Kozhikode are hereby quashed.
C.T. RAVIKUMAR,
JUDGE.
Scl.
2 issues framed by the court
Whether criminal proceedings for offences related to matrimonial disputes can be quashed upon settlement.
Whether continuation of the trial in C.C. No.128/2012 is unnecessary given the compromise.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabApplied¶53
Gian Singh Vs. State of Punjab [2012 (4) KLT 108 (SC)]
Ramsheed and Others
State of Kerala
Sinaju
Febena
Sakeena
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.T. Ravikumar
Parties & counsel
