Crl.M.C. challenging a final report in a 498A/406 IPC case was allowed. The High Court quashed the impugned report based on a settlement between parties and invoked principles from Gian Singh and Laxmi Narayan cases noting the personal nature of the dispute.
The Crl.M.C. is allowed and the final report in C.C. No. 1503 of 2018 stands 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 MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 13TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945
CRL.MC NO. 512 OF 2024
CRIME NO.286/2018 OF Vengara Police Station, Malappuram
CC 1503/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM
PETITIONER/ACCUSED:
MUHAMMED ALI DARBESH KHAN
AGED 46 YEARS
S/O. IBRAHIM, PULLATT MADATHIL HOUSE, NALLUR PULLI, VENGARA,
MALAPPURAM DISTRICT, PIN - 676304
BY ADV AASHIQUE AKTHAR HAJJIGOTHI
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2SAHADIYA
AGED 41 YEARS
D/O. MAMMADU HAJI, PULLATTU HOUSE, KANNAMANGALAM WEST POST,
CHEREKKAD, MALAPPURAM DISTRICT., PIN - 673638
PP - SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2024, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 512 of 2024
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SOPHY THOMAS, J.
=====================
Crl.M.C. No. 512 of 2024
========================
O R D E R
Dated this the 13th day of February , 2024
This Crl.M.C. under Section 482 of Cr.P.C. is filed by the
sole accused in Crime No. 286 of 2018 of Vengara police station, Malappuram, registered under Sections 498A, and 406 of IPC for quashing Annexure-A final report in C.C. No. 1503 of 2018 on the file of Judicial First Class Magistrate Court, Malappuram.
3 . When the matter is taken up for consideration, learned counsel for the petitioner would submit that the matter stands
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settled, and he produced Annexure-B affidavit of the 2nd respondent, endorsing the factum of settlement, and further stating that, she has no intention to continue with the prosecution. She has no objection in quashing the proceedings in C.C. No. 1503 of 2018 on the file of Judicial First Class Magistrate Court, Malappuram.
6.In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the
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proceedings against the petitioner can be quashed on the basis of settlement. Moreover, the dispute is purely personal in nature, and no public interest is involved in it.
In the result, this Crl.M.C. is allowed and Annexure A final report in C.C. No. 1503 of 2018 on the file of Judicial First
Class Magistrate Court, Malappuram stands quashed.
Sd/-
SOPHY THOMAS
JUDGE
RMV
Crl.M.C. No. 512 of 2024
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APPENDIX OF CRL.MC 512/2024
PETITIONER ANNEXURES
Annexure-ACERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.1503/2018 OF JUDICIAL FIRST CLASS
MAGISTRATE'S COURT MALAPURAM
Annexure-BTHE ORIGINAL AFFIDAVIT DATED 22/11/2023 SWORN BY 2ND
RESPONDENT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether proceedings for matrimonial cruelty and dowry demands can be quashed upon settlement.
Whether the dispute is personal in nature with no public interest involved.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶31
Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶31
State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688] · Who else cites this
1 provisions across 1 enactments
Muhammed Ali Darbesh Khan
State of Kerala
Sahadiya
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court