The High Court of Kerala quashed criminal proceedings against the petitioner, the accused husband, in a domestic dispute. The court relied on a prior settlement and the cohabitation of the parties, applying the dictum from Joshi vs. State of Haryana.
Quashing of criminal proceedings initiated against the petitioner in C.C.No.1374/02.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
MONDAY, THE 20TH AUGUST 2007 / 29TH SRAVANA 1929
Crl.MC.No. 4575 of 2003()
------------------------CRIME NO.40/2000 OF KUNNAMKULAM POLICE STATION CC.1374/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KUNNAMKULAM
PETITIONER: IST ACCUSED
ABDUL MANAF, S/O.ABDUL HAMEED, AMBALATH VEETTIL, KADAVIL HOUSE, ANJANGADI, CHAVAKKAD.
BY ADV. SRI.RAJIT
RESPONDENTS: COMPLAINANT
BY PUBLIC PROSECUTOR SRI. BY ADV. SRI.A.SURESAN BY ADV. M.L.SURESH KUMAR FOR R2
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.R.UDAYABHANU, J
Crl.M.C.No.4575 of 2003
----------------------------------------Dated this the 20th day of August, 2007
O R D E R
The petitioner who is the husband has sought for getting quashed the proceedings initiated against him in C.C.No.1374/02 in the court of JFCM, Kunnamkulam. The rest of the accused were acquitted vide order of the JFCM, Kunnamkulam in C.C.No. 491/2000. The defacto complainant had filed an affidavit before this court to the effect that the matter has been settled. It is submitted that right now they are residing together. In the circumstances, in view of the dictum in Joshi vs. State of Haryana (2003(2) KLT 1062) the proceedings pending as C.C.No.1374/02 in the court of JFCM, Kunnamkulam is herewith quashed.
The Crl.M.C. is allowed.
K.R.UDAYABHANU, JUDGE
csl
K.R.UDAYABHANU, J
Crl.M.C.No.11683/2002
ORDER
7th August 2007
2 issues framed by the court
Whether criminal proceedings against the husband in a domestic dispute should be quashed after settlement and cohabitation.
Whether the principle in Joshi vs. State of Haryana applies to quash the pending criminal case.
Colour shows how this judgement treated each authority
Joshi vs. State of HaryanaExplained¶22
Joshi vs. State of Haryana (2003(2) KLT 1062)
Abdul Manaf
State of Kerala
Sumayya
K.R.Udayabhenu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
