High Court allowed a criminal miscellaneous petition to quash the final report in a case under Section 498-A IPC based on a settlement between the accused and the de facto complainant, relying on binding Supreme Court precedents.
Allowed Crl.M.C. and quashed Annexure-AII Final Report in C.C.No.225 of 2022.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
CRL.MC NO. 24 OF 2023
AGAINST THE ORDER/JUDGMENT IN CC 225/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD
PETITIONERS/ ACCUSED NOS. 1 TO 4:
1 MUHAMMED ALTHAF AGED 30 YEARS SON OF LATE MUHAMMED RAFEEQUE, RAJIV GANDHI HOUSING COLONY, SEETHAAMGOLI, EDANAD VILLAGE, KASARAGOD DISTRICT-, PIN - 671321
2 FATHIMA BEEGUM AGED 55 YEARS WIFE OF LATE MUHAMMED RAFEEQUE RAJIV GANDHI HOUSING COLONY, SEETHAAMGOLI, EDANAD VILLAGE, KASARAGOD DISTRICT-, PIN - 671321
3 SHAMEEMA.P.M AGED 32 YEARS, WIFE OF SAJIR, RAJIV GANDHI HOUSING COLONY, SEETHAAMGOLI, EDANAD VILLAGE, KASARAGOD DISTRICT-, PIN - 671321 4 SAJIR AGED 30 YEARS, SON OF RUKKIYA, RAJIV GANDHI HOUSING COLONY, SEETHAAMGOLI, EDANAD VILLAGE, KASARAGOD DISTRICT-, PIN - 671321 BY ADVS. A.ARUNKUMAR HEERAKRISHNA T.H. SACHIN GEORGE ARAMBAN
RESPONDENTS/ STATE/ COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -, PIN - 682031
CRL.MC NO. 24 of 2023
-:2:2 FATHIMATH ZUHARA AGED 28 YEARS DAUGHTER OF HAMEED BUKHARI APARTMENTS, ULUWAR, BAYIKATTA,BAMBRANA POST, MANJESWAR TALUK, KASARAGOD-, PIN - 671321 BY ADV VIPIN T JOSE P.G.MANU SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 24 of 2023
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O R D E R
Dated this the 13 th day of January, 2023
This Crl.M.C. has been preferred to quash Annexure-AII Final Report in C.C.No.225 of 2022 on the file of the Judicial First Class Magistrate Court-II, Kasaragod on the ground of settlement between the parties.
CRL.MC NO. 24 of 2023
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de facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein she reported that the matter was amicably settled.
CRL.MC NO. 24 of 2023
by quashing the proceedings pursuant to Annexure-AII. The offence in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the
Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).
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.M.C. is allowed. Annexure-AII Final Report in C.C.No.225 of 2022 on the file of the Judicial First Class Magistrate Court-II, Kasaragod hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
CRL.MC NO. 24 of 2023
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APPENDIX OF CRL.MC 24/2023
PETITIONER'S ANNEXURES
Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO. 177 OF 2022 OF KUMBLA POLICE STATION
Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.177 OF 2022 OF KUMBLA POLICE STATION
Annexure AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
1 issue framed by the court
Whether the High Court can quash criminal proceedings under Section 498-A IPC pursuant to a settlement between the parties despite the bar under Section 320 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶29
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersReferred¶29
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 OthersReferred¶29
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
3 provisions across 2 enactments
MUHAMMED ALTHAF
FATHIMA BEEGUM
SHAMEEMA P M
SAJIR
STATE OF KERALA
FATHIMATH ZUHARA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
