High Court of Kerala quashed criminal proceedings against petitioners facing charges under Sections 420, 406, and 498A IPC upon acknowledgement of settlement of disputes between them and the de-facto complainant.
The Criminal Misc. Case allowed and proceedings C.C.No.39 of 2021 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 MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 18TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945
CRL.MC NO. 5019 OF 2023
CC 39/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
CRIME NO.2059/2020 OF KOTTIYAM POLICE STATION, KOLLAM
PETITIONERS/ACCUSED A1 & A2 :
1MUHAMMED FAISAL
AGED 29 YEARS
S/O FASALUDEEN, F.E.S. HOUSE,
KUZHIYALA, NEAR THOMAS FUEL (H), KOTTIYAM,
ADICHANALLOOR VILLAGE, KOLLAM DISTRICT,
PIN - 691571
2SAFEELA BEEVI
AGED 56 YEARS
W/O FASALUDEEN, F.E.S. HOUSE, KUZHIYALA,
NEAR THOMAS FUEL (H), KOTTIYAM,
ADICHANALLOOR VILLAGE, KOLLAM DISTRICT,
PIN - 691571
BY ADV M.ABDUL RASHEED
RESPONDENTS/STATE & DE-FACTO COMPLAINANT :
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2STATION HOUSE OFFICER
KOTTIYAM POLICE STATION,
KOTTIYAM P.O., KOLLAM DISTRICT,
PIN - 691571
3FATHIMA
AGED 22 YEARS
D/O SHIJILA, RESIDING AT THASNI MANZIL,
ANCHUPARAYIL, PERINGAMMALA.P.O.,
PERINGAMMALA VILLAGE, NEDUMANGADU TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695563
OTHER PRESENT:
SRI.NOUSHAD K.A. (SR PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No.5019 of 2023
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O R D E R
The petitioners face prosecution under Sections 420, 406 and 498A of the Indian Penal Code. A crime was registered against the petitioners as Crime No.2059 of 2020 of Kottiyam Police Station, Kollam, alleging commission of offences under the aforesaid provisions of law. The matter is now pending as C.C.No.39 of 2021 on the file of the Judicial First Class Magistrate’s Court-II, Kollam.
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Crl.MC No.5019 of 2023
third respondent have been settled and the third 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.39 of 2021 on the file of the Judicial First Class Magistrate’s Court-II, Kollam will stand quashed.
GOPINATH P., JUDGE
Sd/-
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Crl.MC No.5019 of 2023
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APPENDIX OF CRL.MC 5019/2023
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE FINAL REPORT IN
C.C. NO.39/2021 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-II, KOLLAM
WHICH AROSE FROM CRIME NO.2059/2020 OF
KOTTIYAM POLICE STATION IN KOLLAM
DISTRICT
Annexure A2ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 19.6.2023
2 issues framed by the court
Whether criminal proceedings under Sections 420, 406, and 498A IPC should be quashed due to settlement of disputes.
Whether the jurisdiction of the High Court under Section 482 CrPC can be invoked to quash the trial.
1 provisions across 1 enactments
MUHAMMED FAISAL
SAFEELA BEEVI
STATE OF KERALA
FATHIMA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court