Shanoj vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 01, 2021

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Citation: sooperkanoon.com/1659157
Court: Kerala High Court
Judge: Honourable Mrs. Justice M.R.Anitha
Decided On: Oct 01, 2021
Case Number: Crl.MC/3408/2021

Parties & Advocates

Appellant / Petitioner

Shanoj

Respondent

State of Kerala

Excerpt

.....c.c. no.442/2020 on the file of judicial first class magistrate court-i, thrissur, which arose out of crime no.42/2020 cherpu police station.2. petitioners are the accused nos.1 to 4 in crimeno.42/2020 cherpu police station. 2nd respondent is the defacto complainant in the above crime. 1st petitioner is the husband of the 2nd respondent and other petitioners are in-laws. 1st petitioner married the defacto complainant on 25.5.2016 and while residing together as husband and wife at the house of the 1 st accused, she had been subjected to physical and mental torture by the petitioners. it is also alleged that the entire gold ornaments gifted to her at the time of marriage has been misappropriated by thepetitioners. thereby, the accused committed the offence punishable under sections 498a, 354a(1), 294(b),506(1) r/w section 34 of ipc.2. annexure a1 is the copy of the final report in the abovecrime. petitioners have amicably settled the issues with the 2 nd respondent/defacto complainant. annexure a2 affidavit duly sworn in by the defacto complainant has been produced from the side of the petitioners.3. learned counsel for the petitioners submitted that the 1st petitioner and the 2nd respondent are now living together.4. learned public prosecutor on instruction submitted thatthe signed statement of the defacto complainant was taken and she agrees with the averments in the affidavit produced from the side of the petitioners. in annexure a2 affidavit the defacto complainant has sworn in that the dispute between herself and petitioners have been amicably settled and now she is living with 1st petitioner. so she want to prosecute the matters against the petitioners. hence, she also sought for quashing the further proceedings in c.c. no.442/2020 of cherpu police station.5. in gian singh v. state of punjab and another(2012 (10) scc 303 : 2012 khc 4530) a three judge bench of the hon'ble supreme court while dealing with section 482 of the code of criminal procedure, 1973.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 CRL.MC NO. 3408 OF 2021 (IN THE MATTER IN CRIME NO.42/2020 OF CHERPU POLICE STATION WHICH IS NOW PENDING AS C.C.NO.442/2020 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR) PETITIONERS/DEFACTO COMPLAINANT:

1 SHANOJ AGED 30 YEARS S/O.AHAMMED, KUNNUMAL HOUSE, URAKAM DESOM, URAKAM VILLAGE, THRISSUR DISTRICT, PIN-680 562. 2 SAFFIYA, AGED 53 YEARS W/O.AHAMMED, KUNNUMAL HOUSE, URAKAM DESOM, URAKAM VILLAGE, THRISSUR DISTRICT-680 562. 3 SAFEER, AGED 36 YEARS S/O.AHAMMED, KUNNUMAL HOUSE, URAKAM DESOM, URAKAM VILLAGE, THRISSUR DISTRICT-680 562. 4 SAFFEEN, AGED 33 YEARS W/O.SHANAZ, NADUMPURAKKAL HOUSE, THALAPPILLY DESOM, PORATHUSSERRY VILLAGE, THRISSUR DISTRICT, PIN-680 712. BY ADV RAJESH CHAKYAT

RESPONDENTS/ACCUSED 1 TO 4/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 2 SAMEENA AGED 23 YEARS D/O.SIDDQUE, AMBALATH HOUSE, ARANKALLU DESOM, MADAKKATHARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, NOW RESIDING AT KUNNUMAL HOUSE, URAKAM DESOM, URAKAM VILLAGE, THRISSUR DISTRICT-680 562. 3 THE SUB INSPECTOR OF POLICE CHERPU POLICE STATION, THRISSUR DISTRICT, REPRESENTED

BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY ADV BIJU .C. ABRAHAM PP C.SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 1st day of October, 2021 This Crl.M.C. has been filed seeking to quash the entire proceedings pending against the petitioners in C.C. No.442/2020 on the file of Judicial First Class Magistrate Court-I, Thrissur, which arose out of Crime No.42/2020 Cherpu Police Station.

2. Petitioners are the accused Nos.1 to 4 in Crime

No.42/2020 Cherpu Police Station. 2nd respondent is the defacto complainant in the above crime. 1st petitioner is the husband of the 2nd respondent and other petitioners are in-laws. 1st petitioner married the defacto complainant on 25.5.2016 and while residing together as husband and wife at the house of the 1 st accused, she had been subjected to physical and mental torture by the petitioners. It is also alleged that the entire gold ornaments gifted to her at the time of marriage has been misappropriated by the

petitioners. Thereby, the accused committed the offence punishable under Sections 498A, 354A(1), 294(b),506(1) r/w Section 34 of IPC.

2. Annexure A1 is the copy of the final report in the above

crime. Petitioners have amicably settled the issues with the 2 nd respondent/defacto complainant. Annexure A2 affidavit duly sworn in by the defacto complainant has been produced from the side of the petitioners.

3. Learned counsel for the petitioners submitted that the 1st petitioner and the 2nd respondent are now living together.

4. Learned Public Prosecutor on instruction submitted that

the signed statement of the defacto complainant was taken and she agrees with the averments in the affidavit produced from the side of the petitioners. In Annexure A2 affidavit the defacto complainant has sworn in that the dispute between herself and petitioners have been amicably settled and now she is living with 1st petitioner. So she want to prosecute the matters against the petitioners. Hence, she also sought for quashing the further proceedings in C.C. No.442/2020 of Cherpu Police Station.

5. In Gian Singh v. State of Punjab and Another

(2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench of the Hon'ble Supreme Court while dealing with Section 482 of the Code of Criminal Procedure, 1973 has held that criminal cases having civil flavour and arising from criminal financial merchantile, civil, partnership, matrimony relating to dowry or family disputes

where wrong is private or personal in nature can be quashed in view of the settlement between the parties.

6. It has come out that the entire matrimonial issues

between the petitioners and the 2nd respondent has been amicably settled out of court. The entire issues between the parties are purely private in nature and no public interest is involved. Continuation of the proceedings against the petitioners will not serve any useful purpose and it will be an abuse of process of court. So, I do not find any impediment in quashing the proceedings against the petitioners.

In the result, Crl.M.C. allowed and the entire proceedings pending against the petitioners in C.C. No.228/2020 on the file of the Chief Judicial Magistrate Court-I, Thrissur, arose out of Crime No.42/2020 of Cherpu Police Station, is hereby quashed.

Hence, the Crl.M.C. allowed as above. Sd/- M.R.ANITHA JUDGE SMF APPENDIX OF CRL.MC 3408/2021 PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF THE FINAL REPORT /CHARGE SHEET IN CC NO.442/2020 JFCMC-I, THRISSUR DATED 23/3/2020. Annexure A2 ORIGINAL COPY OF THE AFFIDAVIT FOR SETTLEMENT DATED 28/7/2021 //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Shanoj vs State of Kerala Same Judge Honourable Mrs. Justice M.R.Anitha