Accused in a matrimonial cruelty case sought quashing of FIR and final report after settlement with the defacto complainant. Citing Apex Court precedent on quashing offences on settlement, the court allowed the petition and quashed the FIR and final report.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 27 TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
CRL.MC NO. 571 OF 2024
CRIME NO.415/2020 OF Kolathur Police Station, Malappuram
CC NO.124 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PERINTHALMANNA
PETITIONERS/ACCUSED NOS.1 AND 2:
1 SHANAVAS BABU, AGED 45 YEARS,S/O HAMZA, PULLOORSHANKAATTIL, ANTHOOR HOUSE, AMBALAPPADI, KOLATHUR P.O., MALAPPURAM DISTRICT, PIN - 679338.2 SHAREEFA, AGED 43 YEARS, W/O SHANAVAS BABU, PULLOORSHANKAATTIL, ANTHOOR HOUSE, AMBALAPPADI, KOLATHUR P.O., MALAPPURAM DISTRICT, PIN - 679338. BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.2 THE STATION HOUSE OFFICER, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT,, PIN - 679338.3 SULAIKHA, AGED 44 YEARS, W/O SHANAVAS BABU, PULLURSANGATTIL HOUSE, ANGADIPURAM, ANGADIPURAM P.O.,MALAPPURAM DISTRICT, PIN - 679321.PUBLIC PROSECUTOR SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.571/2024 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by
accused Nos.1 and 2 in Crime No.415 of 2020 of Kolathur Police Station, Malappuram District, registered under Sections 406 and 498A read with Section 34 of IPC, for quashing Annexure-1 FIR and Annexure-2 final report in C.C.No.124 of 2021, on the file of Judicial First Class Magistrate Court-I, Perinthalmanna.
Crl.M.C.No.571/2024 3
against the petitioners before Judicial First Class Magistrate Court-I, Perinthalmanna.
submitted that the matter has been settled, and he produced the signed statement of the 3rd respondent, to the effect that, as the matter is settled, she has no objection in quashing the proceedings in C.C.No.124 of 2021.
Crl.M.C.No.571/2024 4
In the result, this Crl.M.C. is allowed and Annexure-1
FIR and Annexure-2 final report in C.C.No.124 of 2021 on the file of Judicial First Class Magistrate Court-I,
Perinthalmanna, stand quashed.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.571/2024 5
APPENDIX OF CRL.MC 571/2024
PETITIONERS’ ANNEXURES
Annexure 1 |
THE CERTIFIED COPY OF |
THE FIRST INFORMATION |
|---|---|---|
REPORT IN CRIME NO. 415/ |
2020 OF KOLATHUR POLICE |
|
STATION, MALAPPURAM DISTR |
ICT. |
Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 415/2020 OF KOLATHUR POLICE STATION, MALAPPURAM DISTRICT FILED BY THE RESPONDENT NO.2 Annexure 3 THE ORIGINAL OF THE AFFIDAVIT DATED 09.01.2024
SWORN BY THE RESPONDENT NO. 3
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Can FIR and final report in a settled matrimonial cruelty case (406/498A IPC) be quashed under Section 482 CrPC based on settlement between 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
Shanavas Babu
Shareefa
State of Kerala, represented by Public Prosecutor
Station House Officer, Kolathur Police Station
Sulaikha
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court