Husband and parents-in-law accused of matrimonial cruelty sought quashing of the final report after settling the dispute with the defacto complainant. Relying on Apex Court precedent and the complainant's affidavit endorsing settlement, the High Court allowed the petition and quashed the final report.
Annexure-1 final report in C.C.No.268 of 2020 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 26 TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945
CRL.MC NO. 4907 OF 2023
CRIME NO.108/2019 OF Kuttiyadi Police Station, Kozhikode
CC NO.268 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
NADAPURAM
PETITIONERS/ACCUSED NOS.1,2 AND 3:
1 SAYOOJ, AGED 33 YEARS, S/O CHANDRAN, PUTHENPURAYIL HOUSE, KAKKATTU P.O., KUNNUMMAL,PIN - 673541.2 CHANDRAN, AGED 64 YEARS, S/O KELAPPAN, PUTHENPURAYIL HOUSE, KAKKATTU P.O., KUNNUMMAL, PIN - 673541.3 SREEJA, AGED 50 YEARS, W/O CHANDRAN, PUTHENPURAYIL HOUSE, KAKKATTU P.O., KUNNUMMAL, PIN - 673541. BY ADV ZUBAIR PULIKKOOL
RESPONDENTS/DE-FACTO COMPLAINANT AND STATE:
1 ARYA KRISHNA, AGED 29 YEARS, D/O KRISHNAN, JATHIYULLAPARAMBATH HOUSE, CHATHANGOTTUNADA POST, KAVILUMPARA (VAI), VATAKARA TALUK, KOZHIKODE, PIN - 673513.2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 685001. BY ADV ARSHID.M.S.
SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.4907/2023 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by accused Nos.1 to 3 in Crime No.108 of 2019 of Kuttiyadi Police Station, Kozhikode District, registered under Sections 406 and 498A read with Section 34 of IPC, for quashing Annexure-1 final report in C.C.No.268 of 2020, on the file of Judicial First Class Magistrate Court, Nadapuram.
Crl.M.C.No.4907/2023 3
against the petitioners before Judicial First Class Magistrate Court, Nadapuram.
submitted that the matter has been settled, and he produced the signed statement of the 1st respondent, to the effect that, as the matter is settled, she has no objection in quashing the proceedings in C.C.No.268 of 2020.
Crl.M.C.No.4907/2023 4
In the result, this Crl.M.C. is allowed and Annexure-1 final report in C.C.No.268 of 2020 on the file of Judicial First Class Magistrate Court, Nadapuram, stands quashed.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.4907/2023 5
APPENDIX OF CRL.MC 4907/2023
PETITIONERS’ ANNEXURES :
Annexure1 FINAL REPORT FILED BEFORE J.F.C.M. COURT,
NADAPURAM DATED 30.12.2019.
Annexure2 SWORN AFFIDAVIT EXECUTED BY 1ST RESPONDENT DATED
30.04.2023.
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether proceedings in C.C.No.268/2020 under Sections 406 and 498A IPC could be quashed on the basis of 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
Sayooj
Chandran
Sreeja
Arya Krishna
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court