The High Court allowed a Criminal Miscellaneous case to quash pending criminal proceedings (S.C.No. 240 of 2020) in a matrimonial dispute where the accused faces allegations under Sections 323, 498A and 308 IPC. On settlement between parties.
Crl.M.C. 4409/2023 allowed; proceedings in S.C.No. 240 of 2020 quashed as against the petitioner.
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. 4409 OF 2023
AGAINST S.C.NO.240 OF 2020 ON THE FILE OF THE ADDL.SESSIONS COURT - IV, THALASSERY ARISING OUT OF CRIME NO.937 OF 2019 OF THALIPPARAMBA POLICE STATION, KANNUR
PETITIONER/ACCUSED:
SHANFAR A.P,
AGED 32 YEARS,
S/O ABDUL NASAR, ALILAPEEDIKAYIL HOUSE, KARUMATHUR P.O,
CHANDIKKARI, KANNUR DT-, PIN – 670 142.
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
SEENU SADIQUE
RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
2NUSAIBA T.P,
AGED 22 YEARS,
D/O MOOSA, THAYYILE PEEDIKAYIL HOUSE, PAYERI,
KURUMATHUR P.O, THALIPARAMBA, KANNUR DT.,
PIN – 670 142.
3AFSATH T.P,
AGED 43 YEARS,
W/O MOOSA, THAYYILE PEEDIKAYIL HOUSE, PAYERI,
KURUMATHUR P.O, THALIPARAMBA, KANNUR DT.,
PIN – 670 142.
BY ADV A.V.ANVAR
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:
CRL.MC NO. 4409 OF 2023
2
ORDER
Petitioner is the accused in Crime No.937 of 2019 of Thalipparamba Police Station, Kannur District, alleging
commission of offences under Sections 323, 498A and 308 of the Indian Penal Code, which is now pending as S.C.No. 240 of 2020 on the file of Additional Sessions Court -IV, Thalassery. The allegation against the petitioner is that after the petitioner married the de-facto complainant on 19.04.2019, the petitioner used to physically and mentally harass the de-facto complainant by demanding more gold and money. It is also alleged that on 28.08.2019, the accused attempted to kill the de-facto complainant and if the attempt was not prevented by the mother of the de-facto complainant (3rd respondent), the same would have caused even the death of the de-facto complainant.
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CRL.MC NO. 4409 OF 2023
respondents 2 and 3 have been settled, as is evident from Annexures 2 and 3 affidavits. It is submitted that the proceedings against the petitioners in Crime No.937 of 2019 of Thalipparamba Police Station, Kannur District, which is now pending as S.C.No. 240 of 2020 on the file of Additional Sessions Court -IV, Thalassery may be quashed on the basis of settlement.
No public interest will be served by continuing with the proceedings against the petitioner.
Accordingly, this Crl.M.C is allowed and all further
CRL.MC NO. 4409 OF 2023
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proceedings in S.C.No. 240 of 2020 on the file of Additional Sessions Court -IV, Thalassery will stand quashed as against the petitioner.
Sd/GOPINATH P. JUDGE
DK
CRL.MC NO. 4409 OF 2023
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APPENDIX OF CRL.MC 4409/2023
PETITIONER ANNEXURES
Annexure1FINAL REPORT IN CRIME NO.937 OF 2019
OF THALIPARAMBA POLICE STATION
Annexure2AFFIDAVIT OF THE 2ND RESPONDENT DATED
25.04.2023
Annexure3AFFIDAVIT OF THIRD RESPONDENT DATED
12.05.2023
2 issues framed by the court
Whether proceedings for offences under Sections 323, 498A and 309 IPC can be quashed upon recording of settlement.
Whether the jurisdiction of the High Court under Section 482 Cr.P.C is invoked to quash the pending criminal proceedings.
1 provisions across 1 enactments
SHANFAR A.P
STATE OF KERALA
NUSAIBA T.P
AFSATH T.P
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court