Kerala HC allowed a Section 482 CrPC petition to quash a Section 498A charge. The court noted an amicable settlement and the complainant's affidavit stating no further intention to proceed, deeming quashment in the interest of justice.
Annexure A3 Final Report and all further proceedings in C.C.No.240/2022 are 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
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
CRL.MC NO. 277 OF 2024
CRIME NO.123/2010 OF KOLLENGODE POLICE STATION, PALAKKAD
C.C.NO.240 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS,CHITTUR
PETITIONER/3RD ACCUSED:
LATHEEF
AGED 60 YEARS
S/O.SAITH RAWTHAR, PATTIKULAM, NANDIYODE,
PERUMATTI, CHITTOOR, PALAKKAD DISTRICT, PIN -
678101
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
T.R.ANIL VENUGOPAL
SREELAKSHMI MENON P.
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2THE STATION HOUSE OFFICER
KOLLENGODE POLICE STATION, PALAKKAD DISTRICT, PIN -
678506
3RASHEEDA
AGED 44 YEARS
W/O.RASAK, D/O.NOORUDHEEN, NAGARPADATH, MUTHALAMADA
VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT, PIN -
678101
R1 & R2 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH
R3 BY ADV T.J.LAKSHMANAN IYER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.277 OF 2024 2
ORDER
Dated this the 8th day of April, 2024
This criminal miscellaneous case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A3 Final Report and all further proceedings in C.C.No.240/2022 on the files of the Judicial First Class Magistrate Court, Chittur, arose out of Crime No.123/2010 of Kollengode police station, Palakkad.
she has no intention to proceed further in this matter.
CRL.MC NO.277 OF 2024 3
the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
In the result, this Criminal Miscellaneous Case stands allowed. Annexure A3 Final Report and all further proceedings in C.C.No.240/2022 on the files of the Judicial First Class Magistrate Court, Chittur, arose out of Crime No.123/2010 of Kollengode police station, Palakkad, stand quashed.
Sd/- A. BADHARUDEEN JUDGE
Bb
CRL.MC NO.277 OF 2024 4
APPENDIX OF CRL.MC 277/2024
PETITIONER’S ANNEXURES
ANNEXURE-A1THE TRUE COPY OF THE FIR NO-123/2010
DATED 8-4-2010 OF THE KOLLENGODE POLICE
STATION, PALAKKAD DISTRICT
ANNEXURE-A2THE TRUE COPY OF THE JUDGMENT DATED 19-
11-2019 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHITTUR
ANNEXURE-A3THE CERTIFIED COPY OF THE FINAL REPORT
DATED 30-04-2010 IN C.C.NO.240/2022 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT,
CHITTUR
ANNEXURE-A4THE AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT DATED 05.01.2024
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether the criminal proceedings under Section 498A IPC should be quashed given the settlement and withdrawal of the de facto complainant.
1 provisions across 1 enactments
LATHEEF
STATE OF KERALA
RASHEEDA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court