Kerala High Court
Ramshad Rahim vs The State Of Kerala on 7 July, 2025
2025:KER:49694
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
CRL.MC NO. 4688 OF 2021
CRIME NO.2713/2016 OF Karunagapally Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1167 OF
2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
KARUNAGAPPALLY
PETITIONER/1st, 2nd and 3rd ACCUSED:
1 RAMSHAD RAHIM
AGED 34 YEARS
S/O. ABDUL RAHIM, ARAFA MANZIL, PADANAYARKULANGARA
NORTH MURI, KARUNAGAPALLY TALUK, KARUNAGAPPALLY
VILLAGE, PIN-695 518.
2 ABDUL RAHIM
AGED 65 YEARS
S/O. MAITHEENKUNJU, ARAFA MANZIL, PADANAYARKULANGARA
NORTH MURI, KARUNAGAPALLY TALUK, KARUNAGAPPALLY
VILLAGE, PIN-695 518.
3 RAMLA VEEVI
AGED 53 YEARS
W/O. ABDUL RAHIM, ARAFA MANZIL, PADANAYARKULANGARA
NORTH MURI, KARUNAGAPALLY TALUK, KARUNAGAPPALLY
VILLAGE, PIN-695 518.
BY ADV SRI.K.R.SUNIL
RESPONDENT/COMPLAINTS:
2025:KER:49694
Crl.M.C. No.4688 of 2021
-2-
1 THE STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY
POLICE STATION, KARUNAGAPPALLY, KOLLAM DISTRICT,
PIN-690 518.
2 SAFFER AMEENA HAKKIM
AGED 29 YEARS
D/O. HAKKIM, KOCHUPARAMBIL HOUSE, ERUVA MURI, PATHIYOOR
VILLAGE, KARTHIKAPPALLY TALUK, PIN-690 516.
BY ADVS.
SRI.T.S.HARIKUMAR
SRI.P.B.SAHASRANAMAN
OTHER PRESENT:
SMT PUSHPALATHA M.K., SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:49694
Crl.M.C. No.4688 of 2021
-3-
ORDER
The petitioners are the accused 1 to 3 in C.C.No.1167/2017
on the files of the Judicial First Class Magistrate Court,
Karunagappally. The offences alleged against them are under
Sections 498A, 308 and 420 read with Section 34 of the Indian
Penal Code, 1860.
2. The prosecution case is that the 1st petitioner, who
married the defacto complainant/2nd respondent on 22.12.2013,
had subjected the defacto complainant to matrimonial cruelty with
the assistance of the other petitioners, who are his close relatives.
3. In the present petition, the petitioners would contend
that all issues between the petitioners and the 2nd respondent
were amicably settled, and that a compromise agreement was
executed on 24.02.2018, as per which the defacto complainant
agreed to withdraw all the pending litigations between the parties.
However, C.C.No.1167/2017 on the files of the Judicial First Class
Magistrate Court, Karunagappally, is said to be still pending due to
2025:KER:49694
the failure of the defacto complainant to withdraw the criminal
prosecution. For the above reason, the petitioners seek to
terminate the prosecution proceedings in the aforesaid case.
4. Heard the learned counsel for the petitioners, the
learned counsel for the defacto complainant/2nd respondent and
the learned Public Prosecutor representing the State of Kerala.
5. The copy of the compromise settlement executed
between the 1st petitioner and the defacto complainant/2nd
respondent is produced as Annexure A3. As per the terms and
conditions incorporated in Annexure A3, it was agreed that the
pending criminal cases instituted at the instance of the defacto
complainant before the Judicial First Class Magistrate Court,
Karunagappally, and the Judicial First Class Magistrate Court,
Kayamkulam, would be withdrawn. An original petition filed before
the Family Court, Mavelikkara, was also agreed to be withdrawn as
per the terms of the above agreement.
2025:KER:49694
6. Annexures A6 and A7 orders of the Family Court,
Mavelikkara, would go to show that two pending original petitions
filed before the said court by the defacto complainant against the
petitioner and his relatives, have been dismissed for
non-prosecution.
7. The learned counsel for the defacto complainant
submitted that there is no objection in quashing the criminal
proceedings in C.C.No.1167/2017 on the files of the Judicial First
Class Magistrate Court, Karunagappally, provided the petitioners
would not resort to any further harassment upon the defacto
complainant.
8. As per the submissions made by the learned counsel
representing both sides on 25.06.2025, the 1st petitioner has filed
an affidavit, unconditionally undertaking that he will not resort to
any harassment upon the 2nd respondent in any manner. Thus, it
appears that the domestic issues between the parties have been
amicably settled between them, and there is no purpose to be
2025:KER:49694
fulfilled by the continuation of the criminal prosecution in
C.C.No.1167/2017 on the files of the Judicial First Class Magistrate
Court, Karunagappally. The termination of the prosecution
proceedings in the said case appears to be necessary to meet the
ends of justice. Therefore, the prayer in this petition in that regard,
has to be allowed.
In the result, the petition stands allowed. The proceedings
against the petitioners/accused Nos.1 to 3 in C.C.No.1167/2017 on
the files of the Judicial First Class Magistrate Court, Karunagappally,
which arose out of Crime No.2713/2016 of Karunagappally Police
Station, are hereby quashed.
sd/
G. GIRISH
JUDGE
jm/
2025:KER:49694
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 5.8.2016 IN CRIME NO.2713/2016
OF KARUNAGAPPALLY POLICE STATION.
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED
25.1.2017 SUBMITTED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
KARUNAGAPPALLY.
Annexure A3 THE TRUE COPY OF THE AGREEMENT DATED
24.2.2018 EXECUTED BY THE IST PETITIONER
WITH THE 2ND RESPONDENT.
Annexure A4 THE TRUE COPY OF THE DIVORCE CERTIFICATE
DATED 22.11.2018 ISSUED BY THE SECRETARY
KARUNAGAPPALLY MUSLIM JAMA-ATH.
Annexure A5 THE TRUE COPY OF THE TALAQ RECEIPT DATED
29.5.2018 DULY SIGNED BY THE IST PETITIONER.
Annexure A6 THE TRUE COPY OF THE ORDER DATED 2.5.2018 IN
O.P.NO.804/16.
Annexure A7 THE TRUE COPY OF THE ORDER DATED 1.6.2018 IN
.
Annexure A8 THE TRUE COPY OF THE RECEIPT DATED 7.4.2018
ISSUED BY THE 2ND RESPONDENT SIGNED IN THE
PRESENCE OF 3 WITNESSES.
