SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 4103

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANSAR.N.K – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 5704 OF 2021 | CC NO.216 OF 2021



Advocates:
For the Appellants/Petitioners: SHRI.NIRMAL.S, SMT.VEENA HARI
For the Respondents: SRI.K.M.FIROZ, K. REMIYA RAMACHANDRAN, SMT.C. SEENA

A petition under Section 482 of Cr.P.C. can quash proceedings when the parties involved reach a settlement, particularly under compoundable offences as per specific statutory provisions.

Headnote:This case deals with a petition under Section 482 of the Cr.P.C. for quashing further proceedings against the petitioner, the accused in CC No.216/2021. The accusation stems from the pronouncement of triple talaq in violation of the Muslim Women (Protection of Rights on Marriage) Act 2019. The petitioner contended that the complainant has passed away and the dispute is settled with her legal representatives. The Court noted that under Section 7(b) of the Act, such offences are compoundable with Magistrate's permission. Based on these facts, the Court quashed the proceedings against the petitioner. The court concludes that quashing the proceedings is permissible when the legal representatives confirm the settlement.

Table of Content
1. accusation based on triple talaq violation. (Para 1 , 2)
2. settlement with legal representatives confirmed. (Para 3 , 4)
3. quashing of proceedings based on statutory provisions. (Para 5)

ORDER

Dated this the 27th day of January, 2026 The petitioner is the sole accused in C.C.No.216/2021 pending before the Judicial First Class Magistrate Court-III, Kozhikode, arising out of Crime No.08/2021 of Kakkoor police station. He filed this petition under Section 4 82 of Cr.P.C. praying for quashing all further proceedings against him. The offences alleged against the petitioner is under r/w 3 of Muslim Women (Protection of Rights on Marriage) Act 2019 .

2. The prosecution case is that 18.11.2020, the accused pronounced triple ‘talaq’ upon the defacto complainant, his wife in violation of Section 4 r/w 3 of Muslim Women (Protection of Rights on Marriage) Act 2019 and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, now the defacto complainant is no more and that the entire dispute between the parties were settled between the petitioner and the legal representatives of the defacto complainant. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Additional respondents 3 to 6 are the legal representatives of the 2nd respondent, the defacto complainant. The learned counsel submitted that the entire dispute between the parties were settled and therefore she also prayed for quashing all further proceedings against the petitioner.

5. Though originally Crl.M.C. was filed praying for quashing the proceedings on merits, during the pendency of the proceedings, the dispute between the parties were settled. As per Section 7 (b) of the Muslim Women (Protection of Rights on Marriage) Act 2019 , an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine. In the instant case, the married muslim woman is no more and her legal representatives appeared before this court and submitted that the entire dispute between the parties were settled. In the above circumstances, this is a fit case in which the proceedings against the petitioner can be quashed by invoking the power under Section 482 Cr.P.C.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.C.No.216/2021 pending before the Judicial First Class Magistrate Court-III, Kozhikode, arising out of Crime No.08/2021 of Kakkoor police station, stands quashed.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top