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2021 Supreme(Online)(KER) 25083

HIGH COURT OF KERALA
M.R.ANITHA, J
MUHAMMED SALIH, – Appellant
Versus
STATE OF KERALA, – Respondent
Crl.MC/4389/2021



Advocates:
P.M.SANEER, SHAJIN S.HAMEED, A.K.RAJESH, SRI. SANGEETHARAJ N.R

Criminal proceedings can be quashed if amicable settlement exists between parties and no public interest is affected.

Headnote:

Quash - Criminal Proceedings - IPC Section List - The court quashed the FIR against the petitioner as the parties amicably settled their matrimonial disputes, finding no public interest involved and considering continued proceedings an abuse of process.

Fact of the Case:

The petitioner, accused under Sections 323 and 498A IPC, sought to quash the FIR, alleging continuous torture and dowry demands from his wife. The parties had reached an amicable settlement regarding their matrimonial issues.

Finding of the Court:

The court found that the matrimonial issues were settled amicably between the parties and that the defacto complainant expressed no objection to quashing the FIR, leading the court to consider the continuation of proceedings an abuse of process.

Issues: Whether the FIR and subsequent proceedings should be quashed given the amicable settlement between the petitioner and the defacto complainant.

Ratio Decidendi: The court held that where matrimonial disputes are settled amicably and no public interest is served, continuing criminal proceedings would constitute an abuse of the court's process.

Final Decision: The Crl.M.C. is allowed; all proceedings in crime No.1284/2021 are quashed.

ORDER

This Crl.M.C. has been filed seeking to quash Annexure-A FIR and all futher proceedings in crime No.1284/2021 of Perumbavoor police station. The petitioner is the sole accused in the above crime which has been registered for the offences punishable under Sections 323 and 498A IPC .

2. It is alleged that the petitioner married the second respondent defacto complainant on 27.08.2018 and thereafter while residing together as husband and wife at the house of accused and at the house of the defacto complainant, she had been subjected to continuous physical and mental torture demanding more dowry and it is also alleged that 60 soverigns of gold ornaments given to her at the time of marriage was also misappropriated by the petitioner. Thereby the accused alleged to have committed the offences aforementioned.

3. Annexure A is the certified copy of the FIR and Annexure B is the affidavit sworn in by the second respondent/defacto complainant. The entire matrimonial issues between the petitioner and the defacto complainant have been amicably settled.

4. Adv. A.K.Rajesh appeared on behalf of the defacto complainant and reports about the settlement arrived at between the defacto complainant and the petitioner.

5. The learned Public Prosecutor produced copy of the report of the SHO and the signed statement alleged to have been sent by the defacto complainant through whatsapp along with copy of the FIR and FIS.

6. It has come out that the entire matrimonial issues between the petitioner and the defacto complainant have been amicably settled and they are living together. In the affidavit which is marked as Annexure B, the defacto complainant categorically stated about the settlement arrived at with the petitioner and defacto complainant. She also categorically stated that she has no objection in quashing the FIR and all further proceedings against the petitioner in the above crime. The issues between the petitioner and the defacto complainant are private in nature. No public interest is involved.

7. Since the entire issues have been settled between the parties, continuation of the proceedings against the petitioner in Crime No.1284/2021 of Perumbavoor Police Station would be an abuse of process of court. In the said circumstances, I do not find any reason to refuse the relief sought for by the petitioner to quash the proceedings against him.

In the result, this Crl.M.C. stands allowed and all further proceedings in crime No.1284/2021 of Perumbavoor police station, is hereby quashed.

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