The High Court of Kerala quashed criminal proceedings under section 498A IPC pending against the petitioners. The court acted on the affidavit of the complainant stating that the matter was settled out of court and she did not wish to proceed with the prosecution.
Further proceedings in C.C. No. 343/2013 of the Chief Judicial Magistrate Court, Kasaragod, are 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 N.K.BALAKRISHNAN
TUESDAY, THE 25TH DAY OF MARCH 2014/4TH CHAITHRA, 1936
Crl.MC.No. 1826 of 2014 ()
AGAINST THE ORDER IN CC 343/2013 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO. 177/2013 OF KASARAGOD POLICE STATION , KASARGOD
PETITIONER(S):
1. MOHAMMED HANEEF, AGED 35 YEARS S/O.ABDULLA KUNHI, HIDAYATH NAGAR, MUTTATHODY P.O
2. ABDULLA KUNHI, AGED 68 YEARS
3. SAFIA, AGED 56 YEARS W/O.ABDULLA KUNHI, HIDAYATH NAGAR, MUTTATHODY P.O
BY ADVS.SRI.P.V.KUNHIKRISHNAN
COMPLAINANT(S):
1. RIYANA, AGED 30 YEARS W/O.MOHAMMED HANEEF @ HANEEFA, D/O.B.M.SEEDIKUNHI HOUSEHOLD, KUNNIL HOUSE, MORGAL PUTHUR P.O MORGAL KASARAGOD TALUK AND DISTRICT, 671 514.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SMT.PRIYANKA VARGHESE R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1826 of 2014 ()
APPENDIX
PETITIONER(S)' EXHIBITS -------------------------------------
ANNEXURE A. COPY OF THE POLICE CHARGE FILED BY THE KASARAGOD POLICE AGAINST THE PETITIONER WHICH IS NOW PENDING AS CC NO.343/13 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD.
ANNEXURE B. COPY OF THE AFFIDAVIT SWORN BY RESPONDENT NO.1 DATED 26.02.14.
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY// P.A.TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
Crl.M.C. No. 1826 of 2014
Dated this the 25th day of March, 2014
O R D E R
Petitioners are accused in C.C. No.343/2013 of Chief Judicial Magistrate Court, Kasaragod. The offence alleged is under section 498A of IPC.
She is represented in this court by her counsel. She has filed affidavit stating that the entire matter has been settled out of court and that she does not want to prosecute the matter.
Sd/-
N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether proceedings for an offence under section 498A IPC should be quashed in light of an extra-judicial settlement.
Whether the defacto complainant's consent to settlement is sufficient to quash criminal proceedings initiated against the petitioners.
1 provisions across 1 enactments
Mohammed Haneef
Abdulla Kunhi
Safia
Riyana
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
