Allowed

Sophia Naushad Khan v. State of Kerala

Kerala HC11 Mar 2024Crl.MC/485/2024

Case brief

AI extract

What is this about?

A de facto complainant sought quashing of an FIR and final report against her husband for a Section 498-A IPC offence, citing an out-of-court settlement. All parties confirmed the bona fide settlement. Relying on Gian Singh and Parbatbhai Aahir, the court quashed the FIR, final report and further proceedings.

What did the court decide?

Annexure-A1 FIR, Annexure-A2 final report in crime No.1975/2018 and all further proceedings in CC No.969/2019 quashed as against the third respondent.

Sophia Naushad Khan Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945

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CRL.MC NO. 485 OF 2024

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CRIME NO.1975/2018 OF Anchal Police Station, Kollam

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.969 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR
PETITIONER/S:

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SOPHIA NAUSHAD KHAN ,AGED 47 YEARS
W/O. NAUSHAD KHAN , SAFEER
MANZIL ,CHERUKULAM,ANCHAL, KOLLAM NOW WORKING AS
STAFF NURSE IN SHAEIKH KHALIFA HOSPITAL RAS AL
KHAIMA AT UAE REPRESENTED BY POWER OF ATTORNEY
HOLDER, BABY. M, KANNAMKARA MANNIL, KANNAM
KARA ,PATHANANTHITTA, PIN - 689641

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BY ADVS.
T.K.BIJU (MANJINIKARA)
KURIEN BIJU

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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2 SUB INSPECTOR OF POLICE ANCHAL POLICE STATION, KOLLAM, PIN - 689695

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3 NOUSHAD KHAN,AGED 53 YEARS S/O. KASIM PILLAI RATHER , SAFEER MANZIL ,CHERUKULAM , ANCHAL KOLLAM DISTRICT, PIN - 689695 Sr PP Smt Neema T.V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C No.485 of 2024

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C.S DIAS,J.

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======================

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Crl.M.C No.485 of 2024

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=======================

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Dated this the 11^th day of March, 2024.

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ORDER

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The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-A1 FIR, AnnexureA2 final report and all further proceedings in C.C No.969/2019 of the Court of the Judicial First Class Magistrate Court-I, Punalur.

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The petitioner is the de facto complainant and the third respondent is the accused in crime No.1975/2018 of the Anchal Police Station, Kollam, registered against the third respondent, for allegedly committing the offence punishable under Section 498-A of the Indian Penal Code.

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The crux of the prosecution allegation is that; the petitioner was married to the accused/third respondent and during their co-habitation, the third respondent physically and mentally harassed the petitioner. Thus, the accused has committed the above offence.

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Crl.M.C No.485 of 2024

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Heard; Sri.T.K Biju, the learned counsel appearing for the petitioner, Smt.Neema T.V, the learned Public Prosecutor and Smt.Annie M.Abraham, the learned counsel appearing for the third respondent/accused.

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The learned counsel appearing for the petitioner submitted that the subject matter in dispute between the petitioner and the third respondent has been amicably settled out of court. Therefore, the petitioner has no further subsisting grievance as against the third respondent. The petitioner has no objection in Annexures A1 and A2 being quashed. Hence the petition may be allowed.

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The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and found that the settlement arrived at between the petitioner and the third respondent is bona fide and genuine. The petitioner has executed the affidavit of her own volition without any force or compulsion of any person. Therefore, the proceedings can be quashed.

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Crl.M.C No.485 of 2024

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The learned counsel appearing for the third respondent also submitted that the subject-matter in dispute between the parties has been settled and the third respondent has no objection in the proceedings being quashed.

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The Hon'ble Supreme Court in Gian Singh vs. State of Punjab [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

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On a consideration of the facts, the materials on record, the rival submissions made across the Bar, especially after perusing the affidavit sworn-in by the petitioner dated 28.10.2023 executed before the Consulate

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Crl.M.C No.485 of 2024

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General of India, Dubai, I am convinced that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony. Hence, I am satisfied that the petition is to be allowed.

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In the result, the Crl.M.C is allowed by quashing Annexure-A1 FIR, Annexure-A2 final report in crime No.1975/2018 of the Anchal Police Station, Kollam and all further proceedings in CC No.969/2019 of the Judicial First Class Magistrate Court-I, Punalur, as against the third respondent.

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The Crl.M.C is ordered accordingly.

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sd/-

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sks/11.3.2024 C.S.DIAS,JUDGE

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Crl.M.C No.485 of 2024

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APPENDIX OF CRL.MC 485/2024

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PETITIONER ANNEXURES

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`Annexure A1`	`A TRUE` `1975/201` `DATED 05`	`COPY OF` `8 OF ANCHA` `/11/2018`	`THE FIR IN CRIME NO.` `L POLICE STATION, ANCHAL`
`Annexure A2`	`A CERTIF` `CRIME NO` `KOLLAM,`	`IED COPY` `. 1975/201` `DATED 27/0`	`OF THE FINAL REPORT IN` `8 ANCHAL POLICE STATION,` `8/2019`
`Annexure A3`	`THE AFF` `28/10/20`	`IDAVIT OF` `23`	`THE PETITIONER DATED`
`Annexure A4`	`THE TRUE` `28/10/20`	`COPY OF` `23`	`THE POWER ATTORNEY DATED`

Sophia Naushad Khan v. State of Kerala

Case brief

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Sophia Naushad Khan v. State of Kerala

Case brief

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