The court quashed criminal proceedings under Section 498A IPC against the petitioner. Relying on the settlement affidavit by the defacto complainant and citing Supreme Court precedents, the court held that no public interest was involved and continuance would be an abuse of process.
The criminal proceedings under C.C.No.464 of 2020 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 V.G.ARUN
TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942
Crl.MC.No.4531 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CC 464/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
CRIME NO.519/2020 OF Chandera Police Station , Kasargod
PETITIONER/ACCUSED:
MUJEEB RAHMAN @ JIJU, AGED 40 YEARS, S/O. VARGHESE, MANNULLIL HOUSE, MANNAMANGALAM, PUTHUR PANCHAYATH, THRISSUR DISTRICT – 680 014.
BY ADV. SRI. P. K SUBHASH
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 MISRIYA T. K, AGED 31 YEARS D/O. SALAHUDEEN, R/AT T.K.P HOUSE, PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT – 671 121. R2 BY ADV. S. ANU SRI. C. S. HRITHWIK, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4531 OF 2020
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ORDER
Dated this the 10th day of November 2020
Petitioner is the accused in Crime No.519 of 2019 registered at the Chandera Police Station for offences
punishable under Section 498 A of I.P.C, now pending as C.C.No.464 of 2020 on the files of the Judicial First Class Magistrate I, Hosdurg. The defacto compla inant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure – AIII affidavit has been filed by 2nd respondent stating that the matrimonial dispute, which led to registration of the crime, has been settled amicably and she has no subsisting grievance in the matter.
Crl.M.C.No.4531 OF 2020
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submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings i n C.C.No.464 of 2020 on the files of the Judicial First Class Magistrate I, Hosdurg is quashed.
Sd/-
V.G.ARUN JUDGE
SPR
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE AI CERTIFIED COPY OF THE F.I.R IN CRIME NO.519 OF 2019 OF CHANDERA POLICE STATION. ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.519 OF 2019 OF CHANDERA POLICE STATION. ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2.
RESPONDENT'S/S EXHIBITS: NIL.
2 issues framed by the court
Whether the matrimonial dispute leading to the registration of the offence has been settled amicably?
Whether the continuance of criminal proceedings would amount to an abuse of the process of the court?
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabApplied¶25
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherApplied¶25
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
MUJEEB RAHMAN @ JIJU
STATE OF KERALA
MISRIYA T. K
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
