Accused in a 498A/406 IPC case sought quashing of the final report after settlement with the de facto complainant, who confirmed the settlement by affidavit. The court quashed Annexure A1 final report in C.C.No.532 of 2021, applying Gian Singh and Laxmi Narayan principles.
Annexure A1 final report in C.C.No.532/2021 quashed on settlement.
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 MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 14 TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945
CRL.MC NO. 432 OF 2024
CRIME NO.155/2021 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CC 532/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,VADAKARA
PETITIONERS/ACCUSED 1 TO 4:
1 ISMAIL
AGED 32 YEARS
S/O MOIDU, KAYYALA MEETHAL HOUSE, MAYYNUR P.O,
VILLIAPPALLY,VADAKARA TALUK, KOZHIKODE DISTRICT,
PIN - 639108
2 MOIDU
AGED 52 YEARS
S/O POCKER, KAYYALA MEETHAL HOUSE, MAYYNUR P.O,
VILLIAPPALLY,VADAKARA TALUK, KOZHIKODE DISTRICT,
PIN - 639108
3 FAZIL
AGED 28 YEARS
S/O MOIDU, KAYYALA MEETHAL HOUSE, MAYYNUR P.O,
VILLIAPPALLY,VADAKARA TALUK, KOZHIKODE DISTRICT,
PIN - 639108
4 SABIYA
AGED 50 YEARS
W/O MOIDU, KAYYALA MEETHAL HOUSE, MAYYNUR P.O,
VILLIAPPALLY, VADAKARA TALUK, KOZHIKODE DISTRICT,
PIN - 639108
BY ADV J.ABHILASH
CRL.MC NO.432 OF 2024
2
1 |
STATE OF KERALA |
|---|---|
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF |
|
KERALA, PIN - 682031 |
|
2 |
FATHIMA |
AGED 23 YEARS |
|
D/O ASLAM, VELAKKUPARAMBATHU HOUSE, FIDAS MANZIL,NADAKKUTHZHA P.O, VADAKARA TALUK, KOZHIKODE, PIN -673104 |
|
BY ADVS. |
|
VIMAL BHASKAR |
|
IRFAN KAMAL K.M.(K/2029/2023) |
|
BY SRI.PRASANTH M.P.-PP |
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
CRL.MC NO.432 OF 2024
ORDER
Dated this the 14th day of February, 2024
This Crl.M.C., under Section 482 of Cr.P.C., is
filed by accused Nos.1 to 4 in Crime No.155 of 2021 of Vadakara Police Station, Kozhikode, registered under Sections 498A and 406 r/w Section 34 of IPC, for quashing Annexure A1 final report in C.C.No.532 of 2021 on the file of Judicial First Class Magistrate Court, Vadakara.
CRL.MC NO.432 OF 2024
4
the matter is settled, and Annexure A2 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 final report in C.C.No.532 of 2021.
5
CRL.MC NO.432 OF 2024
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 final report in C.C.No.532 of 2021 on the file of Judicial First Class Magistrate Court, Vadakara, stands quashed.
Sd/SOPHY THOMAS JUDGE
SSK/14/02
6
CRL.MC NO.432 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN CC
532/2021 BEFOREJUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA DATED
24/08/2021
Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE
SECOND RESPONDENT
1 issue framed by the court
Whether proceedings under Sections 498A and 406 IPC can be quashed based on settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied
[(2012) 10 SCC 303)] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersApplied
[(2019) 5 SCC 688] · Who else cites this
2 provisions across 2 enactments
Ismail
Moidu
Fazil
Sabia
State of Kerala
Fathima
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court