Accused in a Section 498A IPC case sought quashing of the FIR and final report. The parties settled the matter, the de facto complainant endorsed the settlement by affidavit and statement, and the court quashed the FIR and final report relying on Gian Singh and Laxmi Narayan.
Annexure A1 FIR and Annexure A2 final report in C.C.No.139/2023 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 22 ND DAY OF FEBRUARY 2024 / 3RD PHALGUNA, 1945
CRL.MC NO. 3625 OF 2023
CRIME NO.1634/2021 OF Valiyathura Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 139/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS , THIRUVANANTHAPURAM (JMFC XII) (TEMPORARY)
PETITIONERS/ACCUSED NOS.1 TO 5:
1 FATHIMA, W/O PEERUKHAN K.M AGED 54 YEARS RAHINA MANZIL, TC 35/560(1),VALLAKKADAVU, THIRUVANATHUPURAM, KERALA, PIN - 6950082 PEERUKHAN K.M. S/O KAZIM SAHIB AGED 64 YEARS RAHINA MANZIL, TC 35/560(1),VALLAKKADAVU, THIRUVANATHUPURAM, KERALA, PIN - 6950083 RASHAD PEERUKHAN S/O PEERUKHAN AGED 30 YEARS RAHINA MANZIL, TC 35/560(1),VALLAKKADAVU, THIRUVANATHUPURAM, KERALA, PIN - 6950084 RAHINA PEERUKHAN W/O ANEESH BIN ALI UMMER AGED 34 YEARS HASEENA MANZIL , PRA 50 , PAVAKKODE LANE, NALANCHIRA P.O , THIRUVANATHUPURAM, PIN - 6950155 ANVAR H. S/O HATHAB AGED 46 YEARS HASEENA MANZIL , PRA 50 , PAVAKKODE LANE, NALANCHIRA P.O , THIRUVANATHUPURAM, PIN - 695015BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH SURAJ KRISHNAN
PRIYA RANI SREEKUMAR ALEX JOHN PULIMOOD
CRL.MC NO.3625 OF 2023
2
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM, PIN - 6955473 ANZALA NAVAS, D/O RASHEEDA BEEVI AGED 24 YEARS TC4/4391(I) NAVAS MANZIL, ROSE NAGAR, SREEKARIYAM, THIRUVANANTHUPURAM, PIN - 695017BY ADV GOURI LAIJU
BY SRI.VIPIN NARAYANAN -SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
CRL.MC NO.3625 OF 2023
ORDER
Dated this the 22nd day of February, 2024
This Crl.M.C., under Section 482 of Cr.P.C., is filed by accused Nos.1 to 5 in Crime No.1634 of 2021 of Valiyathura Police Station, Thiruvananthapuram, registered under Section 498A of IPC, for quashing Annexure A1 FIR and Annexure A2 final report in C.C.No.139 of 2023 on the file of Temporary Court of Judicial Magistrate of First Class, Thiruvananthapuram.
CRL.MC NO.3625 OF 2023
the matter is settled, and Annexure A6 is the affidavit filed by her, endorsing the settlement. Neither she has any intention to proceed with the prosecution, nor any objection in quashing Annexure A1 FIR and Annexure A2 final report in C.C.No.139 of 2023.
would be served by continuing the prosecution against the petitioners.
5
CRL.MC NO.3625 OF 2023
SCC 688], this Court is of the view that the proceedings against the petitioners can be quashed on the basis of settlement.
In the result, this Crl.M.C. is allowed and Annexure A1 FIR and Annexure A2 final report in C.C.No.139 of 2023 on the file of Temporary Court of Judicial Magistrate of First Class, Thiruvananthapuram, stand quashed.
Sd/SOPHY THOMAS JUDGE
SSK/22/02
CRL.MC NO.3625 OF 2023
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PETITIONER ANNEXURES
Annexure A1 |
CERTIFIED COPY OF THE FIR NO.1634/2021DATED 03/09/2021 REGISTERED BY VALIYATHURAPOLICE STATION, THIRUVANANTHAPURAM ON THEFILES OF THE TEMPORARY COURT OF JUDICIALMAGISTRATEOFFIRSTCLASS,THIRUVANANTHAPURAM |
|
|---|---|---|
Annexure A2 |
CERTIFIED COPY OF THE FINAL REPORT DATED29/04/2022 IN C.C.NO.139/2023 ON THE FILESOFTHETEMPORARYCOURTOFJUDICIALMAGISTRATEOFFIRSTCLASS,THIRUVANANTHAPURAM |
|
Annexure A3 |
TRUE COPY OF THE CERTIFICATE OF MARRIAGE |
|
Annexure A4 |
TRUECOPYOFMEDIATIONAGREEMENTD24.01.2023ENTEREDBETWEEN |
ATED3RD |
PETITIONER/ACCUSEDNO.3ANDTHERESPONDENT/DE-FACTOCOMPLAINANTIN2261/2021 |
3RDO.P |
|
Annexure A5 |
TRUE COPY OF THE MUBARAT AGREEMENT DATED24.01.2023 |
|
Annexure A6 |
TRUE COPY OF THE AFFIDAVIT EXECUTED BY THERESPONDENT/ DE-FACTO COMPLAINANT IN FEBRUA2023 |
3RDRY, |
1 issue framed by the court
Whether proceedings under Section 498A IPC against the accused could be quashed on the basis of a settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
[(2012) 10 SCC 303)] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶6
[(2019) 5 SCC 688] · Who else cites this
2 provisions across 2 enactments
Fathima
Peerukhan K.M.
Rashad Peerukhan
Rahina Peerukhan
Anvar H.
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court