The Kerala High Court allowed a criminal miscellaneous case to quash further proceedings under Sections 498A and 34 IPC of the Indian Penal Code following an amicable settlement between the de facto complainant and the accused.
Crl.M.C. allowed; all further proceedings pursuant to Annexure A2 Final Report in Crime No.71/2022 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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
CRL.MC NO. 5732 OF 2022
CR.NO.71/22 OF PANDALAM POLICE STATION
PETITIONER/DEFACTO COMPLAINANT:
MUHASINA SHAJAHAN AGED 22 YEARS D/O. SHAJAHAN, MURIKANATH VEEDU, PLAKKALPADY, EDAYIRIKKAPUZHA P.O., KANGHAZHA KOTTAYAM DISTRICT, PIN - 686549
BY ADV ESM.KABEER
RESPONDENTS & ACCUSED:
2 SAJAD MUHAMMED S/O. MUHAMMED SADIKK SAJAD MANZIL,THONNALLUR, PANDALAM P.O KERALA, PATHANAMTHITTA DISTRICT, PIN - 689501
Crl.M.C.No.5732/2022
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4 MUHAMMED SADIKK
SAJAD MANZIL, THONNALLUR, PANDALAM P.O, KERALA, PATHANAMTHITTA DISTRICT PIN - 689501
BY ADV C.SHEEBA
SRI.P.G.MANU SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5732/2022
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O R D E R
Dated this the 18th day of January, 2023
This Crl.M.C. has been preferred to quash all further proceedings pursuant to Annexure A2 Final Report in Crime No.71/2022 of the Pandalam Police Station on the ground of settlement between the parties.
respondent Nos. 2 to 4 are the accused.
Crl.M.C.No.5732/2022
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criminal proceedings further.
SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of
the case or to ensure the ends of justice or to prevent abuse of process of any Court.
Crl.M.C.No.5732/2022
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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. All further proceedings pursuant to Annexure A2 Final Report in Crime No.71/2022 of the Pandalam Police Station hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Crl.M.C.No.5732/2022
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APPENDIX OF CRL.MC 5732/2022
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE FIR IN CRIME NO. 71/2022 OF PANDALAM POLICE STATION
Annexure2 ORIGINAL COPY OF THE FINAL REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 ADOOR
RESPONDENT ANNEXURES
Annexure R4(A) AFFIDAVIT FILED BY THE 4TH RESPONDENT
1 issue framed by the court
Whether criminal proceedings under Sections 498A and 34 IPC should be quashed in view of a settlement between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabFollowed¶34
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersFollowed¶34
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 OthersFollowed¶34
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
2 provisions across 2 enactments
MUHASINA SHAJAHAN
STATE OF KERALA
SAJAD MUHAMMED
SABEENA SADIKK
MUHAMMED SADIKK
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
