The High Court of Kerala, invoking its jurisdiction under Section 482 Cr.P.C., quashed criminal proceedings against petitioners accused of matrimonial offences upon satisfaction that the disputes had been fully settled by an affidavit executed by the complainant.
Agreed criminal proceedings in C.C.No.1552 of 2020 were quashed with effect according to law.
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 GOPINATH P.
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
CRL.MC NO. 1695 OF 2023
CC 1552/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VADAKARA, KOZHIKODE
CRIME NO.0268/2020 OF VADAKARA POLICE STATION, KOZHIKODE RURAL PETITIONERS/ACCUSED 1 & 2 :
1NAJAF
AGED 30 YEARS,
S/O.SATHAR,
HASEENA MANZIL HOUSE,
PULIKKANTAVIDA PAZHASSI,
KUTTIATTOR P O,
KANNUR, PIN - 670592
2NAJAMA
AGED 48 YEARS
W/O SATHAR,
HASEENA MANZIL HOUSE,
PULIKKANTAVIDA PAZHASSI
KUTTIATTOR P O,
KANNUR,
PIN - 670592
BY ADVS.
BONNY BENNY
VISHNU NARAYANAN
BHAVANA K.K
RESPONDENTS/DEFACTO COMPLAINANT :
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
PIN - 682031
2SHANIBA
AGED 32 YEARS
D/O MOIDU,
VANNARAKANDI PARAMBU,
MALOLMUKKU QUATERS,
VAYIKALASHERI P.O,
VADAKARA,
KOZHIKODE,
KERALA, PIN - 673104
Crl.MC No.1695 of 2023
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3THE SUB INSPECTOR
BADAGARA POLICE STATION,
KOZHIKODE RURAL,
PIN - 673101
BY ADV.SRI.BEJOY JOSEPH P.J. .
OTHER PRESENT:
SRI G. SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.1695 of 2023
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O R D E R
The petitioners face prosecution under Sections 498A, 406, 323 and 506 r/w Section 34 of the Indian Penal Code. A crime was registered against the petitioners as Crime No.0268 of 2020 of Vadakara Police Station, Kozhikode Rural, alleging commission of offences under the aforesaid provisions of law. The matter is now pending as C.C.No.1552 of 2020 on the file of the Judicial First Class Magistrate’s Court, Vadakara, Kozhikode.
Crl.MC No.1695 of 2023
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second respondent have been settled and the second respondent does not wish to continue with the prosecution against the petitioners.
Accordingly, this Crl.M.C. is allowed and all further proceedings against the petitioners in C.C.No.1552 of 2020 on the file of the Judicial First Class Magistrate’s Court, Vadakara, Kozhikode will stand quashed.
Sd/-
GOPINATH P., JUDGE
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Crl.MC No.1695 of 2023
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APPENDIX OF CRL.MC 1695/2023
PETITIONER ANNEXURES
Annexure A1THE PHOTOSTAT COPY OF THE FIR REGISTERED
BY THE 3RD RESPONDENT AS CRIME NO CRIME
NO 0268/2020 BADAGARA POLICE STATION,
KOZHIKODE RURAL DATED 10/03/2020
Annexure A2TRUE COPY OF THE FINAL REPORT DATED
28/07/2020 IS FILED BEFORE THE HONORABLE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
BADAGARA AS CC NO 1552/2020
Annexure A3THE 2ND RESPONDENT HAD EXECUTED AN
AFFIDAVIT SHOWING THAT THE ENTIRE SUBJECT
MATTER IS SETTLED BETWEEN HER AND
PETITIONERS. THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT DATED 01.11.2022
1 issue framed by the court
Whether criminal proceedings under Sections 498A, 406, 323 and 506 IPC can be quenched in a fit case where the disputes between the accused and the complainant have been settled by affidavit.
1 provisions across 1 enactments
NAJAF
NAJAMA
STATE OF KERALA
SHANIBA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court