Shanif M K Vs State of Kerala — Dowry and Cruelty | Kerala HC (2025)

Shanif M K Vs State of Kerala — Dowry and Cruelty | Kerala HC (2025)

What the court decided

AI extract

Outcome

Quashing of Annexure-A1 F.I.R., Annexure-A2 final report and all further proceedings in C.C.No.1455/2024 of the Judicial First Class Magistrate Court, Parappanangadi

Issue for consideration

Whether the entire criminal proceedings in C.C.No.1455/2024 (Crime No.1026/2024, offences under Sections 85 and 316(2) of the Bharathiya Nyaya Sanhita, 2023) against the petitioner, the sole accused, can be quashed in view of the settlement arrived at between the parties.

Court's answer

The necessary parameters culled out in B.S. Joshi (supra) and Gian Singh (Supra) are fully satisfied on the facts of the case.

Ratio / Principle

Further proceedings against the petitioner would be a futile exercise since the disputes stand settled; there is little possibility of conviction; compelling the parties to face the criminal proceedings would amount to abuse of process of Court, and the quashment sought for would secure the ends of justice.

Key takeaways

The settlement between the petitioner and the defacto complainant is genuine and bonafide: her recorded statement discloses amicable settlement and no objection to quashing, and her affidavit (Annexure-A3) unequivocally affirms the amicable settlement, the Mubarat agreement and the decision to dissolve the marriage, sworn on her own volition without any compulsion; learned counsel for the defacto complainant endorsed that the quashment can be allowed.ratio¶41
The offence under Section 316(2) of the Bharathiya Nyaya Sanhita, 2023 is compoundable, which is all the more a reason to accept the compromise between the parties.ratio¶48

Detailed headnote1 paragraphs

Quashing of criminal proceedings on settlement — inherent powers (Section 482 Cr.P.C., now Section 528 BNSS, 2023). The petitioner, sole accused in Crime No.1026/2024 of Parappanangadi Police Station (offences under Sections 85 and 316(2) of the Bharathiya Nyaya Sanhita, 2023), pending as C.C.No.1455/2024 before the Judicial First Class Magistrate Court, Parappanangadi, sought quashment of the entire proceedings on the strength of a settlement with the defacto complainant. The Court had directed recording of the defacto complainant's statement, which disclosed amicable settlement and no objection to quashing; she also swore an affidavit (Annexure-A3) confirming that the disputes were settled amicably, that the parties had entered into a Mubarat agreement and decided to dissolve their marriage, and that the affidavit was sworn on her own volition without compulsion. Held, applying the parameters in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, and Gian Singh v. State of Punjab, (2012) 10 SCC 303: the settlement was genuine and bonafide; further proceedings would be futile, with little possibility of conviction, and would amount to abuse of process of Court; the offence under Section 316(2) being compoundable was an added reason to accept the compromise. Crl.M.C. allowed; Annexure-A1 FIR, Annexure-A2 final report and all further proceedings in C.C.No.1455/2024 quashed.

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

THURSDAY, THE 6^TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946

CRL.MC NO. 1576 OF 2025

CRIME NO.1026/2024 OF Parappangadi Police Station, Malappuram

AGAINST CC NO.1455 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST

CLASS, PARAPPANANGADI

PETITIONER/ACCUSED:

SHANIF M K AGED 42 YEARS S/O KUNJIMON M V, MANALATH VALAPIL HOUSE EEYAL, KADANGADU, THRISSUR DISTRICT-, PIN - 680584

BY ADV MAHESH V.MENON

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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

2 JUMAILA A C AGED 29 YEARS D/O KUNJIKOYA, AMMARAMBATH, CHINNAMVEETTIL, KOYAMKILAM, CHETTIPADI, NEDAVA P.O, MALAPURAM DISTRICT, PIN - 676303

BY ADV.PRINCE PREMJI VAZHAPPILLY ADV.SANAL P.RAJ – PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

Dated this the 6^th day of March, 2025

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

[(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:

“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

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that the FIR was registered at her instance due to 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.”

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

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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 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.

3. In the facts at hand, petitioner is the sole accused in Crime No.1026/2024 of Parappanangadi Police Station, Malappuram, now pending as C.C.No.1455/202 4 b efore the Judicial First Class Magistrate Court, Parappanangadi. The offences alleged are under Sections 85 and 316(2) of the Bharathiya Nyaya Sanhita, 2023. The petitioner seeks quashment of the entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties.

4 . Heard the learned counsel for the petitioner, learned counsel for the 2^nd respondent/defacto complainant and the learned 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 was handed over. On perusal of the same, it is clear that the issues between th e petitioner and the defacto complainant are settled amicably and that the defacto complainant has no objection in quashin g the criminal proceedings against the petitioner. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the d efacto complainant (2 nd respondent herein) as

Annexure-A3, wherein she would unequivocally state that the disputes have been settled amicably. The defacto complainant and the petitioner have entered into a Mubarat agreement and decided to dissolve their marriage. The defacto complainant would also swear that she has no intention to proceed with the case against the petitioner

and that the affidavit is sworn to on her own volition, without any compulsion, whatsoever. This Court is

therefore convinced that the settlement arrived at is

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genuine and bonafide. Learned Counsel for the 2^nd

respondent/defacto complainant would also endorse that the quashment sought for can be allowed.

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 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. This Court also notice that the offence under Section 316(2) is compoundable, which is all the more a reason to accept the compromise between the parties.

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In the circumstances, this Crl.M.C. is allowed. Annexure-A1 F.I.R., Annexure-A2 final report and all further proceedings in C.C.No.1455/2024 of the Judicial First Class Magistrate Court, Parappanangadi, are hereby quashed.

Sd/-

C. JAYACHANDRAN JUDGE

TR

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APPENDIX OF CRL.MC 1576/2025

PETITIONER ANNEXURES

Annexure A1 A CERTIFIED COPY OF THE FIR IN CRIME NO. 1026/2024 OF PARAPPANANGADI POLICE STATION, MALAPURAM DISTRICT

Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT IN CC 1455/2023 OF THE JUDICIAL FIRSTCLASS MAGISTRATE COURT, PARAPPANANGADI IN CRIME NO. 1026/2024 OF PARAPPANANGADI POLICE STATION, MALAPURAM DISTRICT

Annexure A3 A TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT