Dr.Faizal Vs State of Kerala

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2025:KER:23476

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Crl.M.C No.1506/2025

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946

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CRL.MC NO. 1506 OF 2025

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CRIME NO.488/2023 OF NEYYARDAM POLICE STATION,

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THIRUVANANTHAPURAM

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AGAINST CC NO.850 OF 2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, KATTAKADA

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PETITIONER/SOLE ACCUSED:

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DR.FAIZAL, AGED 36 YEARS, S/O. SAINUDHEEN, FAIZAL
MANZIL, VALAVUPACHA P.O.,CHITHARA, KOLLAM, PIN - 691559

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BY ADVS.
SABU S.KALLARAMOOLA
LEEJOY MATHEW.V.
SINDHU MATHEW
SIMSAR UL HAQ K.Y
ATHIRA C.K.

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RESPONDENT/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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2 DR.FATHIMA SEYAD KUNJU,AGED 31 YEARS FATHIMA MANZIL, PACHAKKAD, KUTTICHAL, MANOORKARA, THIRUVANANTHAPURAM, PIN - 695574

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BY ADV E.D.GEORGE

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SRI. SANAL P. RAJ (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.03.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C No.1506/2025

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C.JAYACHANDRAN, J.

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=======================

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Crl.M.C No.1506 of 2025 ======================== Dated this the 4 th day of March, 2025

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ORDER

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B.S.Joshi and Others v. State of Haryana and another

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[(2003) 4 SCC 675] held that the offence under Section 498A can be quashed by the High Court exercising its inherent power under Section 482 Cr.P.C (now Section 528 of BNSS, 2023), though such offence is not compoundable under Section 320. Relying on State of Karnataka v. L. Muniswamy [(1977) 2 SCC 699], a two Judges Bench in B.S. Joshi (Supra) held that ends of justice are higher than ends of mere law, though justice has got to be administered according to laws made by legislature. The fact that there is no reasonable likelihood of conviction, in the wake of settlement between the parties, was taken stock of. The following findings in B.S.Joshi (supra) are relevant and extracted here below:

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“What would happen to the trial of the case where the wife does not support the imputations made in the FIR of the type in question. As earlier noticed, now she has filed an affidavit that the FIR was registered at her instance due to

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temperamental differences and implied imputations. There may be many reasons for not supporting the imputations. It may be either for the reason that she has resolved disputes with her husband and his other family members and as a result thereof she has again started living with her husband, with whom she earlier had differences or she has willingly parted company and is living happily on her own or has married someone else on the earlier marriage having been dissolved by divorce on consent of parties or fails to support the prosecution on some other similar grounds. In such eventuality, there would almost be no chance of conviction. Would it then be proper to decline to exercise power of quashing on the ground that it would be permitting the parties to compound noncompoundable offences? The answer clearly has to be in the "negative". It would, however, be a different matter if the High Court on facts declines the prayer for quashing for any valid reasons including lack of bona fides.”

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2 . The dictum laid down in B.S.Joshi (supra) was doubted along with that laid down in other cases and referred to and considered by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. B.S.Joshi (supra), along with other cases, were confirmed by the Supreme Court. It is relevant

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to note that the subject matter in B.S.Joshi (supra) was specifically with reference to the offences under Section 498A and 406 of the Indian Penal Code.

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3 . In the facts at hand, petitioner is the sole accused in Crime No.488/2023 of Neyyar Dam Police Station, Thiruvananthapuram, now pending as C.C.No.850/2023 before the Judicial First Class Magistrate Court, Kattakada. The offence alleged i s under Section 498 A of the Indian Penal Code. The petitioner seeks quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties.

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4 . Heard the learned counsel for the petitioner, learned counsel for the 2 nd respondent/defacto complainant and the learned Senior Public Prosecutor. Perused the records.

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5 . When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statement recorded over the phone, was handed over. On perusal of the same, it is clear that the issues between the petitioner and the defacto

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complainant are settled and that they are divorced. The defacto complainant has no objection in quashing the prosecution case against the petitioner. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (2 nd respondent - herein) as Annexure 3, wherein she would unequivocally state that the disputes have been settled and that the complaint stemmed from a mistaken fact. The defacto complainant would also swear that she does not intend to proceed with the prosecution case, any further, and that she has no objection in quashing the criminal proceedings against the petitioner. The affidavit is sworn to on her own volition, without any compulsion, whatsoever. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Learned Counsel for the 2 nd respondent/defacto complainant would also endorse that the quashment sought for can be allowed.

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6 . In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in B.S.Joshi (supra) and Gian Singh (Supra), are fully satisfied. This court is convinced that further proceedings

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against the petitioner will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice.

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In the circumstances, this Crl.M.C. is allowed. Annexure-1 F.I.R., Annexure-2 Final Report and all further proceedings in C.C.No.850/2023 of the Judicial First Class Magistrate Court, Kattakada, are hereby quashed.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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vdv

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APPENDIX OF CRL.MC 1506/2025

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PETITIONER ANNEXURES

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Annexure 1CERTIFIED COPY OF FIR WITH FIS OF THE
2ND RESPONDENT IN CRIME NO.488/2023 OF
NEYYAR DAM POLICE STATION

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Annexure 2CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.488/2023 OF NEYYAR DAM POLICE
STATION SUBMITTED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KATTAKADA

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Annexure 3ORIGINAL AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 30-01-2025

Dr.Faizal v. State of Kerala

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Dr.Faizal v. State of Kerala

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