Synaba v. State of Kerala
Case brief
What is this about?
Petitioners challenged proceedings under Sections 498A and 354 IPC. The court accepted the settlement affidavit from the complainant. Quashing proceedings deemed appropriate as no purpose served.
What did the court decide?
Quashed C.C.No.91/2022 proceedings and Annexure A1 FIR of Vatakara Police Station.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945
CRL.MC NO. 7924 OF 2023
CRIME NO.1181/2021 OF Vadakara Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CC 91/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,VADAKARA
PETITIONERS/ACCUSED 1 TO 4:
1SYNABA
AGED 57 YEARS
W/O. AHAMMED,KUZHICHALIL (H), MANGOTTUPARA CHORODE EAST
P.O,KOZHIKODE-, PIN - 673028
2JASEENA
AGED 33 YEARS
W/O MUSTHAFA, KUZHICHALIL (H), MANGOTTUPARA CHORODE
EAST P.O,KOZHIKODE-, PIN - 673028
3JASEELA
AGED 30 YEARS
W/O JAMSHEER,MUZHICHALIL, KUZHICHALIL (H), MANGOTTUPARA
CHORODE EAST P.O,KOZHIKODE-, PIN - 673028
4JAMSEER
AGED 36 YEARS
S/O. AHAMMED, KUZHICHALIL (H), MANGOTTUPARA, CHORODE
EAST P.O, KOZHIKODE-, PIN - 673028
BY ADVS.
SHARAN SHAHIER
RAKHY BABY
EDWIN JOSEPH
ITTY PAULSON
TREESA SHAJI
Issues for consideration
2 issues framed by the court
Whether criminal proceedings instituted under Sections 498A and 354 IPC can be quashed upon settlement.
Whether the withdrawal of prosecution by the defacto complainant warrants quashing under Section 482 Cr.P.C.
Parties & counsel
- petitioner
SYNABA AND OTHERS
- respondent
STATE OF KERALA
- respondent
SUMAYYA CHOLAKKAL
Coram
Case details
As recorded by the court registry
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