Dismissed

Ritha Xavier v. State of Kerala

Kerala HC21 Jan 2008Crl.MC/1148/2007

Case brief

AI extract

What is this about?

The High Court observed that matrimonial disputes under Section 498A I.P.C. are often settled. Directing the petitioners to file a joint application with the wife to prove settlement, the Court stayed the criminal proceedings pending this proof.

What did the court decide?

Time granted to file a joint application with the wife to prove settlement; pending that, criminal proceedings stayed.

Ritha Xavier Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929

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Crl.MC.No. 1148 of 2007()

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------------------------CC.1080/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: ---------------------

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RITHA XAVIER, AGED 65 YEARS, W/O.JOSEPH XAVIER, CHALLIKKAVATTOM, VENNALA DESOM,POONITHURA VILLAGE, KANAYANNUR TALUK.

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SHIBU, AGED 35 YEARS, S/O.JOSEPH XAVIER, MANAPPURAKKAL HOUSE, CHALLIKKAVATTOM, VENNALA DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK.

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JANSON XAVIER,AGED 40 YEARS, S/O.JOSEPH XAVIER,MANAPPURAKKAL HOUSE, CHALLIKKAVATTOM, VENNALA DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK.

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SUNITH JANSON, S/O.JOSEPH XAVIER,MANAPPURAKKAL HOUSE, CHALLIKKAVATTOM, VENNALA DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK.

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JAMES, AGED 45 YEARS, S/O.RAPHEL, KARUKAPARAMBU HOUSE, CHILLEVANNOOR DESOM, POONITHURA VILLAGE, KANAYANNUR TALUK.

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BY ADV. SRI.P.B.ASOKAN SRI.GEO PAUL

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RESPONDENTS:

STATE OF KERALA REPRESENTED BY SUE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION.

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REJI JOSE, AGED 27 YEARS, S/O.JOSE, KORATTIKKUNNEL HOUSE, CHAMBANOOR KARA, ANGAMALI VILLAGE, ALUVA TALUK.

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BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SMT.K.T.LILLY @ LILLY JAMES SMT.P.F.ROSY

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. BASANT, J.

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- - - - Crl.M.C.No. 1148 of 2007

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- - - - Dated this the 11th day of April, 2007

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O R D E R

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The petitioners are accused in a prosecution under Section 498A I.P.C. based on a final report submitted by the police. It is submitted and indications are available to suggest that the matrimonial disputes in its entirety has been settled by the 2^nd respondent/wife. The prayer is that in view of the settlement, invoking the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386), the prosecution under Section 498A I.P.C. may be quashed under Section 482 Cr.P.C.

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If the matter is settled, I would certainly expect the petitioners to come before this Court along with the second respondent and file a joint application for composition. To ascertain whether the matter is settled or not, it is not necessary to issue notice to the 2^nd respondent. The petitioners are however granted time till 23.5.07 to ensure that they along with the 2^nd respondent file a joint application for composition. They shall also ensure the appearance of the 2^nd respondent before this court.

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Crl.M.C.No. 1148 of 2007

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Till then further proceedings in C.C.1080 of 2002 on the file of

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the J.F.C.M.-II, Ernakulam shall stand stayed.

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(R. BASANT) Judge

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Ritha Xavier v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ritha Xavier v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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