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Muhammed Siddique vs State Of Kerala on 29 August, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941

Crl.MC.No.3700 OF 2018

CC 184/2017 DATED 16-08-2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II, ALUVA

CRIME NO.641/2018 OF Ernakulam South Police Station,
Ernakulam

PETITIONERS:

1 MUHAMMED SIDDIQUE
S/O. MOHAMMED NAZAR, AGED 29 YEARS, RESIDING AT
SHIJEENA MANZIL, CHAITHANYAPURAM, KONTHURUTHY,
THEVARA, ERNAKULAM, PIN-682013.

2 MUHAMMED NAZAR
S/O. SINGAPULI RAWTHER, AGED 59, RESIDING AT
SHIJEENA MANZIL, CHAITHANYAPURAM, KONTHURUTHY,
THEVARA, ERNAKULAM, PIN-682013.

3 LAILA BEEVI
W/O. MUHAMMED NAZAR, AGED 54, RESIDING AT
SHIJEENA MANZIL, CHAITHANYAPURAM, KONTHURUTHY,
THEVARA, ERNAKULAM, PIN-682013.

BY ADVS.
SRI.T.M.MOHAMED YOUSUFF(SR.)
SMT.AYSHA YOUSEFF
SMT.ASHIFA YOUSEFF
SRI.C.M.EBRAHIM
SRI.JOBI.A.THAMPI
SMT.M.KABANI DINESH
SMT.RABIA BEEGAM T.K.
SRI.SHOUKATH HUSAIN
Cr.M.C.No.3700 of 2018

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RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 SUB INSPECTOR OF POLICE
ERNAKULAM TOWN SOUTH POLICE STATION, KOCHI CITY,
KOCHI-682015.

3 RUBEENA SHERIFF
W/O. MUHAMMED SIDDIQUE, PONTHANAL HOUSE,
ERATTUPETTA P.O., KOTTAYAM, PIN-686121.

R3 BY ADV. SRI.ISAC SANJAY
BY SRI.M.S.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Cr.M.C.No.3700 of 2018

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T.V.ANILKUMAR, J.
————————
Crl.M.C.No.3700 of 2018
———————————-
Dated this the 29th day of August, 2019

J U D G M E N T

The petitioners, who seek quashment of

Annexure-V FIR No.641/2018 on the file of the Town

South Police Station, Ernakulam, are the son and

his parents. The son who is the 1st petitioner is

the husband of the 3rd respondent whom he married on

23.5.2016. The petitioners seek to quash Annexure-V

on the ground that the allegations therein do not

constitute an offence punishable under Section 498A

read with Section 34 IPC registered against them.

It is also stated that the entire proceedings in

Annexure-V amounts to abuse of process of law.

2. It is the case of the petitioners that

after the marriage, the 3rd respondent was noticed

to have some sort of disorderly behavior and the
Cr.M.C.No.3700 of 2018

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marital relationship between the spouses

consequently fell out. There was an incident of the

3rd respondent’s father and three others having

criminally trespassed into the house of the

petitioners at Karukappally in Elamakkara and

assaulted the inmates which later resulted in

registration of crime under Sections 324, Section326,

Section354(B), Section427, Section506(i) read with Section 34 IPC, on

the file of Elamakkara Police Station. Later, the

offences were taken cognizance by the learned

Judicial First Class Magistrate, Aluva, in

C.C.No.183 of 2017. It is stated that as a counter

blast to the aforesaid crime registered, the 3rd

respondent initiated a proceedings in Crime No.779

of 2016 under Section 498A read with Section 34 IPC

on the file of Judicial First Class Magistrate-II,

Aluva, which later culminated in institution of

final report in C.C.No.184 of 2017 before the
Cr.M.C.No.3700 of 2018

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Judicial First Class Magistrate Court-II, Aluva.

C.C.No.184 of 2017 ended in acquittal of all the

petitioners after trial. The 3rd respondent who was

examined as PW1 conceded that she did not have any

complaint against any of the petitioners and

further that there was no sort of mental and

physical harassment on her so as to attract an

offence punishable under Section 498A IPC.

C.C.No.183 of 2017 still continues on the file of

the court and it is the contention of the

petitioners that in order to put pressure upon them

to settle the criminal proceedings in C.C.No.183 of

2017, the 3rd respondent submitted a false complaint

before the police which caused Annexure-V FIR

No.641 of 2018 to be registered under Section 498A

read with Section 34 IPC. It is in this background

that quashment of Annexure-V is canvassed before

this Court.

Cr.M.C.No.3700 of 2018

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3. The 3rd respondent appeared in the

proceedings. During the pendency of the

proceedings, parties wanted the matter to be

referred to Mediation Centre for the purpose of

settling the ongoing disputes between them. After

the mediation, the 3rd respondent filed an affidavit

before this court informing that all the disputes

between the parties were settled out of court. As

per the terms of settlement arrived, the spouses

are to live separately and seek divorce.

4. I have heard the learned Public Prosecutor,

the learned counsel for the petitioners and the 3rd

respondent.

5. Perusing the affidavit filed by the 3rd

respondent, I am satisfied that the parties have

amicably settled the disputes between them, in

terms of the agreement in the mediation. There is

no chance of any of the petitioners being liable to
Cr.M.C.No.3700 of 2018

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be proceeded under law or held guilty in the

present scenario. The 3rd respondent has no

objection in Annexure-V FIR No.641/2018 on the file

of the Town South Police Station, Ernakulam, being

quashed at all. In such case, continuance of any

proceeding pursuant to Annexure-V FIR would only

place the parties in hardship for no good purpose.

In the result, Annexure-V FIR No.641/2018 is

quashed and this Crl.M.C. is allowed.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR
JUDGE
ami/
Cr.M.C.No.3700 of 2018

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APPENDIX

PETITIONERS’ EXHIBITS:

ANNEXURE I PHOTOCOPY OF THE FINAL REPORT IN FIR
NO.782/2016.

ANNEXURE II PHOTOCOPY OF THE FIR NO.779/2016 DT.

22.8.2016.

ANNEXURE III PHOTOCOPY OF THE FINAL REPORT DT.

31.10.2016 IN FIR NO.779/2016.

ANNEXURE IV PHOTOCOPY OF THE JUDGMENT DT. 16.8.2017
IN CC 184/2017.

ANNEXURE V TRUE COPY OF THE FIR NO.641/2018 DT.

12.4.2018.

ANNEXURE VI PHOTOCOPY OF THE COMPLAINT FILED BY THE
3RD RESPONDENT ON 12.4.2018.

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