The High Court quashed the FIR in a Section 498A IPC case based on a settlement between the petitioner (accused) and the de facto complainant. Citing precedents, the court held quashing warranted to prevent abuse of process.
CRL.M.C. allowed and the petitioners FIR in Crime No.339 of 2022 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 DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA,
1944
CRL.MC NO. 6003 OF 2022
CRIME NO.339 OF 2022 OF ALUVA POLICE STATION
PETITIONER/ACCUSED:
SHABEER K A, AGED 36 YEARS KOZHIKADI HOUSE, PATTEPADAM, THRISSUR DIST PIN - 683123
BY ADVS. P.A.MOHAMMED ASLAM SHAHIN BADUSHA E.B.THAJUDDEEN SARATH SASI MOHAMMED MUBARAK A.I.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THE STATION HOUSE OFFICER, ALUVA POLICE STATION, ERNAKULAM DISTRICT, PIN-683 101.
2 SHAMNA, AGED 28 YEARS, W/O.SHABEER KALLOOPARAMBIL HOUSE, KALLEETTUMKARA, KALLETTUMKARA ESTATE, THRISSUR, PIN - 680683
BY ADV ASHI SUKUMARAN, SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 6003 OF 2022
O R D E R
This Crl.M.C. has been preferred to quash Annexure-A1 FIR in Crime No.339 of 2022 of Aluva Police Station on the ground of settlement between the parties.
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CRL.MC NO. 6003 OF 2022
complainant was also recorded wherein she reported that the matter was amicably settled.
For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the
CRL.MC NO. 6003 OF 2022
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Crl.M.C. is allowed. Annexure-A1 FIR in Crime No.339 of 2022 of Aluva Police Station hereby stands quashed.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
CRL.MC NO. 6003 OF 2022
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APPENDIX OF CRL.MC 6003/2022
PETITIONER'S ANNEXURES:
ANNEXURE1 ANNEXURE A1 ANNEXURE2 ANNEXURE A2
1 issue framed by the court
Whether the High Court can quash criminal proceedings under Section 498A IPC when the parties have settled the dispute.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶27
_Gian Singh v. State of Punjab_ [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersRelied on¶27
_Narinder Singh and Others v. State of Punjab and Others_ [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶27
_State of Madhya Pradesh v. Laxmi Narayan and Others_ [(2019) 5 SCC 688] · Who else cites this
SHABEER K A
STATE OF KERALA
SHAMNA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
