This Criminal Miscellaneous Case concerned quashing of criminal proceedings for offences under Sections 498A and 406 IPC read with Section 34 IPC. The Court allowed the petition and quashed proceedings following a settlement affidavit sworn by the de facto complainant.
Quashed proceedings in C.C.No. 155 of 2021 against petitioners on basis of settlement.
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.
TUESDAY, THE 12TH DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945
CRL.MC NO. 2978 OF 2023
IN THE MATTER OF CC 155/2021 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KOYILANDY
PETITIONERS/ACCUSED NOS.1 TO 3:
1SHABEEL,
AGED 32 YEARS,
S/O KUNJIMOOSA, PERUVATH THAZHEKUNIYIL HOUSE,
KAYAPPANICHI, IRINGANNUR, PIN – 673 505.
2MYMOONA,
AGED 60 YEARS,
W/O KUNJIMOOSA, PERUVATH THAZHEKUNIYIL HOUSE,
KAYAPPANICHI, IRINGANNUR, PIN – 673 505.
3SHABITHA,
AGED 34 YEARS,
W/O NISAR, THAYYULLATHIL HOUSE, PUTHUR ROAD, PANOOR,
PIN – 670 692.
BY ADV ZUBAIR PULIKKOOL
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 HARSHINA,AGED 25 YEARS,
D/O ASHARAF, KORANKANDI HOUSE, MUDADI.P.O.,
PIN – 673 307.
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.BY ADV ASHEEM K.
SRI. NOUSHAD K A (SR PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 2978 OF 2023
ORDER
Petitioners face prosecution in Crime No.1031 of 2020 of Koyilandy Police Station, Kozhikode District, for commission of offence under Section 498(A), 406 read with Section 34 of the Indian Penal Code, which is now pending as C.C.No. 155 of 2021 on the file of Judicial First Class Magistrate Court, Koyilandy.
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CRL.MC NO. 2978 OF 2023
contents of Annexure – 2 affidavit and the submissions of the learned Public Prosecutor, I am of the view that this is a fit case where jurisdiction of this Court under Section 482 of the Cr.P.C can be invoked and the proceedings against the petitioners can be quashed on the basis of settlement. No public interest will be served by continuing with the proceedings against the petitioners. Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No. 155 of 2021 on the file of the Judicial First Class Magistrate Court, Koyilandy will stand quashed as against the petitioners.
Sd/-
GOPINATH P. JUDGE
DK
CRL.MC NO. 2978 OF 2023
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APPENDIX OF CRL.MC 2978/2023
PETITIONER ANNEXURES
Annexure1CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1031/2020 OF KOYILANDY POLICE
STATION, KOZHIKODE DISTRICT FILED BEFORE
THE JFCM COURT, KOYILANDY DATED
29.12.2020.
Annexure2THE SWORN AFFIDAVIT OF THE 1ST
RESPONDENT DATED 03.01.2023.
1 issue framed by the court
Whether the criminal proceedings for matrimonial disputes may be quashed under Section 482 CrPC on account of settlement.
1 provisions across 1 enactments
SHABEEL & ORS.
HARSHINA
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court