Accused in a Section 498A IPC case sought quashing of the final report on the ground of settlement with the defacto complainant. The High Court allowed the petition and quashed the final report, holding the dispute purely personal with no public interest.
Annexure C final report in C.C.No.474/2023 before JFCM Court, Thalassery stands quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
CRL.MC NO. 75 OF 2024
CRIME NO.545/2022 OF Chokli Police Station, Kannur
AGAINST THE ORDER/JUDGMENT CC 474/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,THALASSERY
PETITIONERS/ACCUSED:
1 SUHAIL AGED 40 YEARS S/O USMAN, MANIKOTH HOUSE, MEKKUNNU, CHOCKLI, KANNUR DISTRICT, PIN - 6706752 SULAIKA AGED 60 YEARS W/O.USMAN, MANIKOTH HOUSE, MEKKUNNU,CHOCKLI, KANNUR DISTRICT, PIN - 6706753 NUFAIJA AGED 35 YEARS D/O USMAN, MANIKOTH HOUSE, MEKKUNNU, CHOCKLI, KANNUR DISTRICT, PIN - 6706754 NUSAIBA AGED 40 YEARS D/O USMAN,MANIKOTH HOUSE, MEKKUNNU,CHOCKLI, KANNUR DISTRICT, PIN - 670675 BY ADVS. M.P.PRIYESHKUMAR SHANAVAS NALAKATH RANDUPURAYILRESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 SHERMINA.K AGED 25 YEARS W/O SUHAIL, FATHIMA MANZIL, KIDARANKUNNU, KURICHIYIL,NEW MAHE, KANNUR,, PIN - 670102SRI. VIPIN NARAYAN A -SR.PPTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.75 OF 2024
2
ORDER
This Crl.M.C., under Section 482 of Cr.P.C., is filed by accused Nos.1 to 4 in Crime No.545 of 2022 of Chokli Police Station, Kannur, registered under Section 498A of IPC, for quashing Annexure C final report in C.C.No.474 of 2023 on the file of Judicial First Class Magistrate Court, Thalassery.
3
CRL.MC NO.75 OF 2024
with the prosecution, nor any objection in quashing Annexure C final report in C.C.No.474 of 2023.
CRL.MC NO.75 OF 2024
4
In the result, this Crl.M.C. is allowed and Annexure C final report in C.C.No.474 of 2023 on the file of Judicial First Class Magistrate Court, Thalassery, stands quashed.
Sd/-
SOPHY THOMAS
JUDGE
ska
CRL.MC NO.75 OF 2024
5
APPENDIX OF CRL.MC 75/2024
PETITIONER ANNEXURES
Annexure A A CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, THALASSERYAnnexure BA CERTIFIED COPY OF THE FIR IN CRIME NO.545/2022 OF
CHOCKLI POLICE STATION, KANNUR
Annexure CA CERTIFIED COPY OF THE FINAL REPORT IN
C.C.474/2023 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, THALASSERY
Annexure DTHE AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED
21.10.2023
1 issue framed by the court
Whether proceedings under Section 498A IPC can be quashed under Section 482 Cr.P.C. on the basis of settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶6
[(2012) 10 SCC 303) · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersApplied¶6
[(2019) 5 SCC 688] · Who else cites this
2 provisions across 2 enactments
Suhail
Sulaika
Nufaija
Nusaiba
State of Kerala
Shermina.K
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sophy Thomas
Parties & counsel