Quashed

Sahal K.P. v. State of Kerala

Kerala HC15 Nov 2021Crl.MC/4461/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings under Sections 451, 341, 323, 354, and 34 IPC in a matrimonial dispute following a settlement between the accused and the complainant, holding the matter private and devoid of public interest.

What did the court decide?

The entire proceedings in Crime No. 1126/2020 of Hosdurg Police Station were quashed in view of the settlement arrived at between the parties.

Sahal K.P. Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE M.R.ANITHA

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MONDAY, THE 15^TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943

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CRL.MC NO. 4461 OF 2021

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CRIME NO.1126/2020 OF HOSDURG POLICE STATION, KASARAGOD

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PETITIONERS/1ST & 2ND ACCUSED:

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1 SAHAL K.P. AGED 22 YEARS S/O. ABDUL SALAM, BAITHUL SAHAL (H), KARUVALAM, PADANNAKKAD P.O., KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD, PIN-671 314. 2 ABUTHWAHIR K.P. AGED 27 YEARS S/O. KHALID K.P., THASLEEMA MANZIL, KARUVALAM, PADANNAKKAD P.O., KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD, PIN-671 314. BY ADVS. RAHUL SASI NEETHU PREM

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2 ARCHANA.T AGED 31 YEARS W/O. SHIVASHANKAR, RESIDING AT RABIYA QUARTERS, PADANNAKKAD, PADANNAKKAD P.O., HOSDURG, KASARAGOD-671 315. BY ADV NIRMAL V NAIR

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OTHER PRESENT:

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PP SANGEETHARAJ.N.R

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.11.2021,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4461 of 2021

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O R D E R

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This Crl.M.C. has been filed seeking to quash Annexure AI FIR in crime No.1126/2020 of Hosdurg Police Station, which is registered for the offences punishable u/s. 451, 341, 323, 354 r/w. 34 IPC. Petitioners are accused Nos.1 & 2 and the 2^nd respondent is the defacto complainant in the above crime.

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Adv.Sri.Nirmal V. Nair appeared on behalf of the defacto complainant and reports about the settlement arrived at between the parties. Annexure-A2 is the affidavit duly sworn in by the defacto complainant - 2^nd respondent.

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Learned Public Prosecutor produced copy of the report of the SHO, Kallambalam Police Station alongwith signed statement of the defacto complainant.

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It has come out from the affidavit duly sworn in by the defacto complainant as well as the copy of the statement given to the SHO that the parties have amicably settled the entire issues between them due to the intervention of the mediators and the defacto complainant is willing to withdraw the complaint filed against the petitioners.

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In Gian Singh v. State of Punjab and Another

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Crl.M.C.No.4461 of 2021

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(2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench of the Hon'ble Supreme Court while dealing with Section 482 of the Code of Criminal Procedure, 1973 has held that criminal cases having civil flavour and arising from financial, merchantile, civil, partnership, matrimony relating to dowry or family disputes where wrong is private or personal in nature can be quashed in view of the settlement between the parties.

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Since the parties have amicably settled the entire issues, there is no impediment in quashing the proceedings against the petitioners and further continuance of the proceedings against them will be an abuse of process of law. No public interest is involved and the issue is purely private in nature. Therefore, I am of the view that it is only just and proper to quash the entire proceedings in crime No.1126/2020 of Hosdurg Police Station. It is ordered accordingly.

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In the result, Crl.M.C. stands allowed.

Sd/-

M.R.ANITHA

JUDGE

shg

Crl.M.C.No.4461 of 2021

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APPENDIX OF CRL.MC 4461/2021 PETITIONER ANNEXURE Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1126 OF 2020 OF HOSDURG POLICE STATION. Annexure A2 THE ORIGINAL OF THE AFFIDAVIT DATED 9.9.2021 SUBMITTED BY 2ND RESPONDENT/DE-FACTO COMPLAINANT

Sahal K.P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sahal K.P. v. State of Kerala

Case brief

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