Allowed

Ansar v. State of Kerala

Kerala HC1 Sept 2015Crl.MC/5900/2015

Case brief

AI extract

What is this about?

Petitioners challenged an FIR under Section 498A IPC. The accused and the divorced complainant reached an out-of-court settlement, with the complainant stating she has no further grievance. The court quashed the FIR and further proceedings under Section 482 CrPC, holding continuance would waste judicial time.

What did the court decide?

The F.I.R in Crime No.671 of 2014 and further proceedings are quashed under Section 482 CrPC.

Ansar Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937

¶5

Crl.MC.No. 5900 of 2015

¶6

CRIME NO. 671/2014 OF CHANGARAMKULAM POLICE STATION , MALAPPURAM

¶7

PETITIONERS/ACCUSED :-

¶8

1. ANSAR, S/O.BAVA, AGED 31 YEARS, MARAYAMKUNNATH HOUSE, PERUMBAI, KALLOORMA DESOM, POST NANNAMUKKU, PONNANI TALUK, MALAPPURAM DISTRICT.

¶9

2. KADEEJA, W/O.BAVA, AGED 60 YEARS, MARAYAMKUNNATH HOUSE, PERUMBAI, KALLOORMA DESOM, POST NANNAMUKKU, PONNANI TALUK, MALAPPURAM DISTRICT.

¶10

BY ADV. SRI.C.M.MOHAMMED IQUABAL

¶11

RESPONDENTS/STATE & COMPLAINANT :-

¶12

1. STATE OF KERALA,

¶13

REPRESENTED BY PUBLIC PROSECUTOR,

¶14

HIGH COURT OF KERALA, ERNAKULAM.

¶15

2. HASEENA, D/O.ABU, AGED 25 YEARS,

¶16

PUTHUVEETTIL HOUSE, PONNANI POST,

¶17

PONNANI TALUK, MALAPPURAM DISTRICT,

¶18

PIN – 679 583.

¶19

R1 BY SMT. SHEEBA M.T., PUBLIC PROSECUTOR R2 BY ADV. SMT.T.J.SEEMA

¶20

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶21

rkj

¶22

Crl.MC.No. 5900 of 2015

¶23

APPENDIX

¶24

PETITIONER(S)' ANNEXURES :-

¶25

ANNEXURE A1 : THE TRUE COPY OF THE FIR IN CRIME NO.671/2014 DATED 09.09.2014. ANNEXURE A2 : THE TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT DATED 04.08.2015. ANNEXURE A3 : THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 04.08.2015.

¶26

RESPONDENT(S)' ANNEXURES :- NIL

//TRUE COPY//

P.A. TO JUDGE

rkj

P.UBAID, J.

========================= Crl.M.C.No.5900 of 2015

¶32

========================= Dated this the 1^st day of September, 2015

¶33

¶34

The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.671 of 2014 of Changaramkulam Police Station, Malappuram registered under Section 498A read with Section 34 IPC on the complaint of one Haseena. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant is the 2^nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint.

¶35

In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution; be it at the crime stage or at the trial stage or even at the appellate or revision stage; if the parties have really settled the whole dispute or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement

¶36

Crl.M.C.No.5900 of 2015 2

¶37

between the parties and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.

¶38

The victim's affidavit shows that she has been divorced by her husband, and that the whole matrimonial dispute stands resolved forever. In such a situation, it is appropriate that the prosecution be quashed.

¶39

In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.671 of 2014 of Changaramkulam Police Station, Malappuram will stand quashed under Section 482 of the Code of Criminal Procedure.

Sd/-

P.UBAID JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Ansar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ansar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.K.Thavaraj Vs State of Kerala

Gopalakrishnan Vs State of Kerala

Anu Eapen Vs State of Kerala

Anwar Vs Njma

Riyas Babu Vs State of Kerala

Nabeel Vs State of Kerala