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
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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:
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T.V.ANILKUMAR, J.
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Crl.M.C.No.3700 of 2018
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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
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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
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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.
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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
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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/
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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.
