The High Court quashed criminal proceedings in a case registered under Sections 498A and 34 of the IPC after finding that the parties had settled the dispute, making the continuation of prosecution unnecessary.
Impugned FIR and all further proceedings arising therefrom pending against the accused were 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 ALEXANDER THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941
Crl.MC.No. 2132 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 902/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS , KOTTARAKKARA , KOLLm
CRIME NO. 1065/2016 OF Kottarakkara Police Station , Kollam
PETITIONERS/ACCUSED:
1 SURESH KUMAR AGED 39 YEARS S/O.SUKUMARAN ACHARI, AMBADYIL HOUSE, KOLIYAKKODU, THIRUVANANTHAPURAM DISTRICT.
2 VALSALA AGED 61 YEARS W/O.SUKUMARAN ACHARI, AMBADYIL HOUSE, KOLIYAKKODU, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.E.SAJAL SRI.V.VINISH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 PRIYA, AGED 35, D/O.PUSHPAVALLY, GOKULAM, IRINGOOR MURI, MELILA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.SHAJIN S.HAMEED
OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1, SRI.SHAJIN S.HAMEED FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2132 of 2019
2
ALEXANDER THOMAS, J.
- - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2132 of 2019
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2019
O R D E R
The petitioners herein are the accused in the impugned Anx-A1 FIR in Crime No.1065/2016 of Kottarakkara Police Station, registered for offences punishable under Secs.498(A) read with Section 34 of the Indian Penal Code. The petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.
Crl.MC.No. 2132 of 2019
3
court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
With these observations and directions, the above Criminal Miscellaneous Case will stand finally disposed of.
SD/-
ALEXANDER THOMAS
JUDGE
shg
Crl.MC.No. 2132 of 2019
4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME 1065/16 OF KOTTARAKKARA POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME 1065/16 OF KOTTARAKKARA POLICE STATION. ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 31.5.2017 OF FAMILY COURT, KOTTARAKKARA IN OP(HMA).1221/2016.
ANNEXURE A4 CERTIFIED COPY OF THE ORDER SHEET IN C.C.902/ OF JFM COURT, KOTTARAKKARA.
RESPONDENTS'EXTS:
ANNEXURE-R2(I) AFFIDAVIT SWORN AND EXECUTED BY THE 2ND RESPONDENT
2 issues framed by the court
Whether the High Court can quash criminal proceedings where the dispute has been settled between the parties despite the offence being non-compoundable.
Whether quashing the FIR serves the interest of justice in this specific case.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶6
Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anotherApplied¶6
Narinder Singh and others v. State of Punjab and anr reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
SURESH KUMAR
VALSALA
STATE OF KERALA
PRIYA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
