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A. BADHARUDEEN
Subair M, S/o. Late Kunjayin – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A1 Final Report in C.C. No.325/2018 on the files of the Judicial First Class Magistrate Court-V, Kozhikode arose out of Crime No.589/2017 of Feroke Police Station, Kozhikode. The petitioners herein are accused in the above case.
2. Heard the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 3rd respondent/defacto complainant, in detail. Perused the relevant materials available.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 498(A), 406, 323, 324, 506(ii) read with 34 of Indian Penal Code.
4. The learned counsel for the petitioners would submit that, the matrimonial discord in between the first petitioner and the third respondent has been settled as per Annexure-A2 agreement entered into between them on 16.07.2018, duly signed by the first petitioner and the third respondent attested by Sri.Raju P. Augustine, Advocate and Notary, Edakkad P.O., Calicut. Accordingly, Rs.3,00,000/-was assessed as the amount due towards third
The court affirmed that parties to a mediation agreement are bound by its terms and cannot retract from obligations once accepted, even if other claims remain unresolved.
The voluntary nature of the settlement agreement and the mutual agreement of the parties not to file any future cases against each other were central to the court's decision.
The main legal point established in the judgment is that in cases of compromise in matrimonial disputes, where no societal interest is involved, the court may quash the criminal proceeding, consideri....
Quashing of criminal proceedings based on a mediated settlement between parties.
The court affirmed that a mutual settlement in a divorce case, accepted voluntarily, can lead to the quashing of related FIRs under IPC.
Dishonour of cheques – After settlement between parties continuation of proceedings under N.I. Act would be abuse of process of Court.
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