Petition to quash FIR and final report for offences under Sections 498A and 406 read with 34 IPC after amicable settlement between accused and defacto complainant. Court allowed the petition and quashed all further proceedings in the pending case.
All further proceedings pursuant to Annexure-A FIR and Annexure-B Final Report in Crime No.538/2022 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 MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
CRL.MC NO. 1287 OF 2024
CRIME NO.538/2022 OF EDAVANNA POLICE STATION, MALAPPURAM
IN C.C.NO.705/2022 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI
PETITIONER/ACCUSED:
UMMER P.M
AGED 34 YEARS
S/O MOIDU PANCHARA HOUSE, KANIYAMPATTA, KAMBALAKKAD
WAYANAD DISTRICT, PIN - 673122
BY ADV C.DINESH
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 THE STATION HOUSE OFFICER EDAVANA POLICE STATION, MALAPPURAM DISTRICT , PIN - 6765413 FATHIMAD/O HYDRU, CHOLAKKAL HOUSE, EDAVANA POST, PANNIPPARA,
PERAKAMANNA THUVAKKAD, MALAPPURARN DISTRICT, PIN - 676541
PP - M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 1287 of 2024
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ORDER
Dated this the 9 th day of April, 2024
This Criminal Miscellaneous Case has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, to quash all further proceedings pursuant to Annexure-A FIR and Annexure-B Final Report in Crime No.538/2022 of Edavanna Police Station, Malappuram, now pending as C.C. No.705/2022 on the files of the Chief Judicial Magistrate Court, Manjer.
5 . The learned Public Prosecutor conceded the
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Crl.M.C. No. 1287 of 2024
settlement and recording of statement, in this regard.
In the result, this Criminal Miscellaneous Case stands allowed and all further proceedings pursuant to Annexure-A FIR and Annexure-B Final Report in Crime No.538/2022 of Edavanna Police Station, Malappuram, now pending as C.C. No.705/2022 on the files of the Chief Judicial Magistrate Court, Manjeri, stand quashed.
Sd/-
A. BADHARUDEEN JUDGE
SK
Crl.M.C. No. 1287 of 2024
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APPENDIX OF CRL.MC 1287/2024
PETITIONER ANNEXURES :
Annexure ACERTIFIED COPY OF THE F.I.R. 538/2022
DATED 17.10.2022
Annexure BCERTIFIED COPY OF THE FINAL REPORT NO .
538/2022 DATED 04.11.2022 SUBMITTED BY
THE 2ND RESPONDENT
Annexure CTRUE COPY OF THE ORIGINAL AFFIDAVIT
EXECUTED BY THE DEFACTO COMPLAINANT
DATED 27.07.2023
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether proceedings for offences under Sections 498A and 406 read with Section 34 IPC could be quashed under Section 482 CrPC given an amicable settlement between the parties.
3 provisions across 2 enactments
Ummer P.M
State of Kerala represented by Public Prosecutor
Station House Officer Edavana Police Station
Fathima
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court