Criminal Misc. Case to quash proceedings in dowry case instituted against petitioners. Court found dispute settled via agreement with termination of marriage. Held it fit case to invoke quashing power under Section 482 CrPC.
Final Report in C.C.No.1249/2012 and further proceedings thereon were quashed by the Court.
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.
Crl.M.C.No.2418/2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 27TH DAY OF OCTOBER 2021 / 5TH KARTHIKA,
1943
CRL.MC NO. 2418 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 1249/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MANNARKAD, PALAKKAD
PETITIONER/S:
AGED 42 YEARS, S/O.MUHAMMED, VAVURAYIL HOUSE, KALLADIKODE P.O., MANNARKKAD, PALAKKAD-678 596.
2 FATHIMA,
W/O.MUHAMMED, AGED 65 YEARS, VAVURAYIL HOUSE, KALLADIKODE P.O., MANNARKKAD, PALAKKAD-678 596.
AGED 45 YEARS, W/O.LATHEEF, CHOORIYOD, MANNARKKAD, PALAKKAD-678 593.
BY ADVS. SRI.K.ABDUL JAWAD SMT.A.GRANCY JOSE SRI.U.MUHAMMED MUSTHAFA SRI.MATHEW A KUZHALANADAN SRI.M.K.PRASANTH KUMAR
Crl.M.C.No.2418/2017
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RESPONDENT/S:
BY ADV SRI.B.PREMOD
R1 BY SRI.SUDHEER GOPALAKRISHNAN, PUBLIC PROSECUTOR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.2418/2017
O R D E R
Petitioners are the accused Nos.1 to 3 in C.C.No.1249 of 2012 on the file of the Judicial First Class Magistrate Court, Mannarkkad. This petition is filed to quash the proceedings in the above Calendar Case.
Crl.M.C.No.2418/2017 4
The learned counsel further points out that the 2nd respondent has already filed an affidavit dated 01.04.2017, which was filed before this Court on 05.04.2017 acknowledging the settlement of the dispute between the parties, wherein it is stated that the 2nd respondent does not have any objection in terminating the proceedings in C.C.No.1249 of 2012. The learned counsel for the 2nd respondent also acknowledges the settlement. In such circumstances, as the dispute between the parties, which is the subject matter of the offence, is purely private in nature, this is a fit case in which the powers of this Court under Section 482 Cr.P.C can be invoked. In such circumstances, Annexure-A final report and further proceedings in C.C.No.1249 of 2012 on
the file of the Judicial First Class Magistrate Court, Mannarkkad is hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
DG/27.10.21
Crl.M.C.No.2418/2017
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APPENDIX OF CRL.MC 2418/2017
PETITIONER ANNEXURE
ANNEXURE A- CERTIFIED COPY OF THE FINAL REPORT C.C.NO.1249/12 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKKAD. ANNEXURE B- TRUE COPY OF THE NOTARIZED AGREEMENTS ENTERED ON 08/01/2013.
ANNEXURE C- TRUE COPY OF THE BANK ACCOUNT DETAILS OF THE PETITIONER, SHOWING THE TRANSACTION.
ANNEXURE D- TRUE COPY OF THE DIVORCE INTIMATION DTD.10/01/2013, GIVEN BY THE 1ST PETITIONER.
ANNEXURE E- TRUE COPY OF THE COUNTERFOIL EVIDENCING THE PAYMENT.
ANNEXURE F- TRUE COPY OF THE FINAL ORDER DTD.24/10/2013 IN M.C.NO.134/12 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.
2 issues framed by the court
Whether powers under Section 482 CrPC 1973 can be invoked to quash proceedings in dowry case after settlement and divorce.
Whether the dispute subject-matter of the Section 498A IPC offence is exclusively more of a private nature.
3 provisions across 2 enactments
FASIL MUHAMMED
FATHIMA
AYISHA
STATE OF KERALA
K.V.NASEEMA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
