Rubiyath vs State Of Kerala
2021 Latest Caselaw 20491 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MRS. JUSTICE M.R.ANITHA
  FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                   CRL.MC NO. 2358 OF 2021
   CRIME NO.1500/2012 OF Kottiyam Police Station, Kollam
   AGAINST THE ORDER/JUDGMENT IN CC 34/2013 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS -II, KOLLAM, KOLLAM
PETITIONERS/ACCUSED 1 TO 3:

    1     RUBIYATH
          AGED 61 YEARS
          (A1), W/O. SHAHUL HAMEED,
          R.S. NISA MANZIL, NEAR PARAKKULAM PUMB HOUSE,
          VADAKKUMKARA KIZHAKKE CHERY,
          THAZHUTHALA VILLAGE, KOLLAM DISTRICT.

    2     SHAMNAR,
          AGED 39 YEARS (A2),
          S/O. SHAHUL HAMEED,
          R.S. NISA MANZIL,
          NEAR PARAKKULAM PUMB HOUSE,
          VADAKKUMKARA KIZHAKKE CHERY,
          THAZHUTHALA VILLAGE, KOLLAM DISTRICT.

    3     SHAHUL HAMEED,
          AGED 68 YEARS
          (A3),S/O. ALIYAR KUNJU,
          R.S. NISA MANZIL, NEAR PARAKKULAM PUMB HOUSE,
          VADAKKUMKARA KIZHAKKE CHERY,
          THAZHUTHALA VILLAGE, KOLLAM DISTRICT.

          BY ADVS.
          BINU GEORGE
          SMT.HEMALATHA


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN-682 031
 CRL.M.C.NO.2358 OF 2021
                                 -2-



     2    BINCY SAIN
          AGED 31 YEARS
          D/O. LAILA, BISMI MANZIL,
          WEST OF NSS COLLEGE,
          VADAKKUMKARA KIZHAKKE CHERI,
          THAZHUTHALA VILLAGE,
          KOLLAM DISTRICT, PIN-691 571

          BY ADV N.SASANKAN PILLAI

          BY ADV.SMT.C.SEENA, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   01.10.2021,   THE   COURT   ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.M.C.NO.2358 OF 2021
                                -3-



                              ORDER

This Crl.M.C. has been filed seeking to quash the entire

proceedings against the accused persons in C.C.No.34/2013 of

Judicial First Class Magistrate-II, Kollam, which is registered for

the offence punishable under Section 498A r/w 34 IPC.

2. The petitioners are the accused Nos.1 to 3 in crime

No.1500/2012 of Kottiyam police station, Kollam District. The first

petitioner is the mother-in-law, the second petitioner is the

husband and the third petitioner is the father-in-law of the defacto

complainant.

3. When the case came up for hearing, the learned

counsel for the petitioners submitted that the matter has been

amicably settled with the defacto complainant and in the affidavit

sworn in by the defacto complainant, which is produced as

Annexure A3, she stated about the settlement arrived at between

the parties.

4. Adv.N.Sasankan Pillai appears on behalf of the defacto

complainant and submitted that the matter has been settled

between the parties.

5. The learned Public Prosecutor, on instruction, submitted CRL.M.C.NO.2358 OF 2021

that the statement of the defacto complainant was taken and she

is in agreement with the averments in the affidavi. Affidavit sworn

in by the defacto complainant which is produced as Annexure A3

would show that the defacto complainant and the petitioners have

amicably settled the matter in between them. Now the defacto

complainant is living with the petitioners and she has no subsisting

grievance against the petitioners. She also categorically stated that

she has no objection in quashing further proceedings in

C.C.No.34/2013 on the files of the JFCM-II, Kollam.

6. In Gian Singh v. State of Punjab and Another

(2012 10 SCC 303 : 2012 KHC 4530) a three Judge Bench of

the Hon'ble Supreme Court while dealing with Section 482 of the

Code of Criminal Procedure, 1973 has held that criminal cases

having civil flavour and arising from commercial, financial

merchantile, civil, partnership, matrimony relating to dowry or

family disputes where wrong is private or personal in nature can

be quashed in view of the settlement between the parties.

7. Coming to the present case also, the entire issues have

been settled between the parties and continuance of the

proceedings against the petitioners in C.C.No.34/2013 on the files

of the JFCM-II, Kollam would be an abuse of process of law. Since CRL.M.C.NO.2358 OF 2021

the parties are wife, husband, and in-laws, the issues in between

them are purely personal in nature. No public interest is involved.

So, there is no impediment in quashing the proceedings against

the petitioner.

In the result, this Crl.M.C. stands allowed and all further

proceedings in crime No.1500/2012 of Kottiyam police station,

Kollam District, which is now pending as C.C.No.34/2013 on the

files of the JFCM-II, Kollam is hereby quashed.

Sd/-

M.R.ANITHA JUDGE nkr CRL.M.C.NO.2358 OF 2021

APPENDIX OF CRL.MC 2358/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED OF THE FIR IN CRIME NO.1500/2012 OF KOTTIYAM POLICE STATION

ANNEXURE A2 CERTIFIED OF THE FINAL REPORT IN CRIME NO. 1500/2012 OF KOTTIYAM POLICE STATION.

ANNEXURE A3 AFFIDAVIT DATED 31.03.2021 SWORN BY THE 2ND RESPONDENT.