Shameer Babu M v State of Kerala and Reshma Maneed

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE M.R.ANITHA** **MONDAY, THE 4[TH] DAY OF OCTOBER 2021 / 12TH ASWINA, 1943** **CRL.MC NO. 3531 OF 2021** **(C.C.NO.411/2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM AND CRIME NO.926/2016 OF OTTAPALAM POLICE STATION)** ## **PETITIONER/ACCUSED:** **SHAMEER BABU M AGED 40 YEARS** **S/O. MULAKKAL MOHAMMED, MULAKKAL HOUSE, (SHABEER MANZIL), VARODE POST, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679102, NOW RESIDING AT 1/535, BARKLY STREET, WEST FOOTSCRY 3012, VICTORIA, AUSTRALIA REPRESENTED BY THE POWER OF ATTORNEY HOLDER MOHAMMED, 70 YEARS, S/O. MOYTHEENKUTTY, MULAKKAL HOUSE, VARODE POST, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679102.** **BY ADV R.SREEHARI** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT:** - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682031.** - **2 RESHMA MANEED AGED 28 YEARS** - **D/O. ABDUL MAJEED, RAYAMMARAKKAR HOUSE, THEZHIYUR POST, PEEKKOD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680529.** ## **ADV.C.SEENA – PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON** **04.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Cr.M.C.No.3531 of 2021 2 ## **ORDER** Dated this the 4[th] day of October, 2021 Petitioner is the sole accused in Crime No.926/2016 of Ottapalam Police Station, which is pending as C.C. No.411/2017 on the Judicial First Class Magistrate Court, Ottapalam. 2. The marriage between the petitioner and the 2[nd] respondent/defacto complainant was solemnised on 22.12.2021 as per the Islamic rites. Thereafter, they were living together as husband and wife and a son was also born out of their wed-lock. Thereafter, their relationship was strained and ultimately this crime has been registered alleging commission of offence under Sections 498A, 354 r/w Section 34 of IPC. Certified copy of the FIR and FIS has been produced as Annexure-I. Annexure-II is the certified copy of final report. 3. According to the learned counsel for the petitioner, there were other cases is pending between the parties and all Cr.M.C.No.3531 of 2021 3 the matters have been amicably settled as per the mediation agreement, certified copy of the agreement is produced as Annexure-A8. In para No.5 of Annexure–A8 the defacto complainant agreed to withdraw the criminal case pending against the petitioner herein. She also categorically stated that she has no objection in quashing the proceedings in Crime No.926/2016 of Ottapalam Police Station, pending against the petitioners. 4. Annexures-A9 and A10 are the orders passed in O.P. No.174/2017 and O.P. No.337/2017 pending between the parties. By Annexure-A9 O.P. No.174/2017 was dismissed and by Annexure-A10 O.P.No.337/2017 was decreed and the mediation agreement was directed to be formed a part of the decree. Annexure-A11 is the copy of the decree in AnnexureA10 judgment. Annexure-A12 is the affidavit duly sworn in by the defacto complainant/2[nd] respondent wherein she agrees to quash the proceedings against the petitioner in Crime No.926/2016. Subsequently, she filed I.A. No.802/2018 to set aside the mediation agreement. As per Annexure-A13 order Cr.M.C.No.3531 of 2021 4 the Family Court, Thrissur, dismissed the I.A. No.802/2018 and that order was challenged by the defacto complainant before this Court as Mat Appeal Nos.276/2019 & 274/2019. As per Annexure-A14 judgment this Court dismissed the appeal confirming the order of the Family Court and affirming the dismissal of I.A. No.802/2018. Now, the petitioner seeks for quashing the entire proceedings pending against him in Crime No.926/2016. 5. 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 criminal 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. 6. Notice was issued to the 2[nd] respondent and there was no appearance on behalf of her. Cr.M.C.No.3531 of 2021 5 7. The learned Public Prosecutor on instruction submitted that the statement of the defacto complainant was taken over phone on 12.8.2021. She categorically stated that she has no objection in quashing the proceedings against the petitioner in this crime, further that she already remarried and is living with present husband. 8. So, it appears that entire matrimonial issues between the parties have been amicably settled through the mediation agreement, Annexure-A8. Subsequently, the defacto complainant disputed the mediation agreement arrived at between the parties and made an attempt to challenge the mediation agreement, decree and order passed in accordance with same, but in vain. Ultimately, she agrees the quashment of the proceedings as per the report of the learned Public Prosecutor. The matrimonial issues between the parties have been amicably settled, I don’t find any impediment in quashing the proceedings against the petitioner. Continuation of the proceedings against the petitioner would also be without any purpose and it would Cr.M.C.No.3531 of 2021 6 also be an abuse of process of law. In the said circumstances, Crl.M.C. is allowed and further proceedings against the petitioner in C.C. No.411/2017 now pending before Judicial First Class Magistrate Court, Ottapalam, which arose out of Crime No.926/2016 of Ottapalam Police Staion, is here by quashed. **Sd/M.R.ANITHA JUDGE** SMF Cr.M.C.No.3531 of 2021 7 ## **APPENDIX OF CRL.MC 3531/2021** PETITIONER'S ANNEXURE |Annexure A1|CERTIFIED COPY OF THE FIR & FIS IN CRIME| |---|---| ||NO.926/2016 OF OTTAPALAM POLICE STATION.| |Annexure A2|CERTIFIED COPY OF THE FINAL REPORT IN| ||CRIME NO. 926/2016 OF OTTAPALAM POLICE| ||STATION.| |Annexure A3|PHOTO COPY OF OP NO. 337/2017 TRANSFERRED| ||AND RENUMBERED TO FAMILY COURT THRISSUR.| |Annexure A4|PHOTO COPY OF JUDGMENT IN TR.P(C)| ||NO.31/2017 DATED 09.02.2017 OF THIS| ||COURT.| |Annexure A5|PHOTO COPY OF OP 174/2017 OF FAMILY| ||COURT, THRISSUR.| |Annexure A6|PHOTO COPY OF M.C 18/2017 OF FAMILY| ||COURT, THRISSUR.| |Annexure A7|PHOTO COPY OF OP NO. 16/2017 OF FAMILY| ||COURT, THRISSUR.| |Annexure A8|CERTIFIED COPY OF MEDIATION AGREEMENT IN| ||OP NO.S 174/2017 & 337/2017 OF FAMILY| ||COURT, THRISSUR DATED 21/08/2017.| |Annexure A9|PHOTO COPY OF THE ORDER IN OP 174/2017 OF| ||FAMILY COURT, THRISSUR DATED 23.08.2017.| |Annexure A10|PHOTO COPY OF THE ORDER IN OP 337/2017 OF| ||FAMILY COURT, THRISSUR DATED 23.08.2017.| |Annexure A10|PHOTO COPY OF THE ORDER IN OP 337/2017 OF| ||FAMILY COURT, THRISSUR DATED 23.08.2017.| |Annexure A11|CERTIFIED COPY OF THE DECREE IN OP| ||337/2017 OF FAMILY COURT, THRISSUR DATED| ||23.08.2017.| Cr.M.C.No.3531 of 2021 8 Annexure A12 AFFIDAVIT OF THE 2ND RESPONDENT DATED 21.08.2017. Annexure A13 CERTIFIED COPY OF COMMON ORDER PASSED IN IA NOS 6557/2017 & 802/2018 IN OP 337/2017 OF FAMILY COURT, THRISSUR DATED 27.03.2019. Annexure A14 PHOTO COPY OF COMMON JUDGMENT IN MAT APPEAL NOS 274/2019 & 276/2019 OF THIS COURT DATED 22.03.2021. //TRUE COPY// PA TO JUDGE