Accused in a matrimonial cruelty case sought quashing of FIR and final report after settlement with the complainant and her parents, who filed affidavits supporting it; relying on Gian Singh and Laxmi Narayan, the court quashed the FIR and final report.
Annexure A FIR and Annexure B Final Report in C.C.No.431/2023 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945
CRL.MC NO. 577 OF 2024
CRIME NO.900/2023 OF Kalpetta Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT CC 431/2023 OF CHIEF JUDICIAL
MAGISTRATE , KALEPETTA
PETITIONERS
1 MIHRAN AGED 29 YEARSS/O JALAL, KAMAL MANZIL, KALPETTA, KALPETTA (POST),
VYTHIRI TALUK, WAYANADU, PIN - 670121
2 JALAL AGED 56 YEARSS/O KAMALUDHEEN, KAMAL MANZIL, KALPETTA, KALPETTA
(POST), VYTHIRI TALUK, WAYANADU, PIN - 670121
3 KAMALUDHEEN @ KAMAL AGED 32 YEARSS/O JALAL, KAMAL MANZIL, KALPETTA, KALPETTA (POST), VYTHIRI TALUK, WAYANADU, PIN - 6701214 SARJUN AGED 31 YEARSS/O KAMALUDHEEN, KAMAL MANZIL, KALPETTA, KALPETTA
(POST), VYTHIRI TALUK, WAYANADU, PIN – 670121
BY ADV JESWIN P.VARGHESE
RESPONDENTS
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN 682031., PIN - 6820312 SHIBANI. K AGED 22 YEARSD/O HANEEFA. K, KUNDOLAN (HOUSE), AMBUKUTHI(POST),
MANANTHAWADY, WAYANADU DISTRICT, PIN - 670654
3 HANEEFA. K AGED 49 YEARSS/O KHADER, KUNDOLAN (HOUSE), AMBUKUTHI(POST), MANANTHAWADY, WAYANADU DISTRICT, PIN - 670654Crl.M.C.No.577 of 2024
2
4RABIYA
AGED 36 YEARS
W/O HANEEFA. K, KUNDOLAN (HOUSE), AMBUKUTHI(POST),
MANANTHAWADY, WAYANADU DISTRICT, PIN - 670654
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.577 of 2024
3
O R D E R
This Crl.M.C., under Section 482 of Cr.P.C., is filed by accused Nos.1 to 4 in Crime No.900 of 2023 of Kalpetta Police Station, Wayanadu, registered under Sections 498(A), 341, 323, 324 read with Section 34 of IPC, for quashing Annexure A FIR, and Annexure B Final Report in C.C.No.431 of 2023 on the file of CJM Court, Kalpetta.
Crl.M.C.No.577 of 2024
4
with the prosecution, nor any objection in quashing Annexure A FIR, and Annexure B Final Report in C.C.No.431 of 2023.
In the result, this Crl.M.C. is allowed and Annexure A FIR, and Annexure B Final Report in C.C.No.431 of 2023 on the file of CJM Court, Kalpetta. stands quashed.
Sd/-
SOPHY THOMAS
smm
JUDGE
1 issue framed by the court
Whether proceedings in Crime No.900/2023 and C.C.No.431/2023 could be quashed on the basis of a settlement between the accused and the de facto complainant.
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
Mihran
Jalal
Kamaludheen @ Kamal
Sarjun
State of Kerala
Shibani. K
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sophy Thomas
Parties & counsel