High Court quashed criminal miscellaneous petition seeking termination of Section 498A trial. Court held filing divorce petition insufficient to quash case. Also exempted elderly petitioner from routine court appearances.
Dismissed petition; no opinion on merits of charge; exempted elderly petitioner from mandatory appearance.
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 R.BASANT
FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930
Crl.MC.No. 1825 of 2008()
------------------------CC.377/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM
PETITIONER: ACCUSED 1 TO 3.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS: COMPLAINANT.
BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSHKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
Crl.M.C No.1825 of 2008
Dated this the 23rd day of May, 2008
ORDER
Petitioners are the husband of the defacto complainant and his mother and brother. They face indictment in a prosecution under Section 498 A I.P.C. The defacto complainant, ie. the wife of the 1st petitioner had filed a private complaint alleging that the petitioners are guilty of matrimonial cruelty of the culpable variety against her. On the said private complaint, the learned Magistrate has taken cognizance and the proceedings are pending before the learned Magistrate now. The petitioners have already entered appearance and have been enlarged on bail.
Crl.M.C No.1825 of 2008 2
defacto complainant. The present prosecution is calculated as a retaliatory measure of harassment and vexation to the petitioners. In these circumstances, the petitioners may be saved of the trauma of this undeserved prosecution, submits the learned counsel for the petitioners.
Crl.M.C No.1825 of 2008
3
yardstick for appreciation of conduct while considering the claim for quashing of proceedings under Section 482 Cr.P.C.
(R.BASANT, JUDGE)
rtr/-
Crl.M.C No.1825 of 2008 4
3 issues framed by the court
Whether extraordinary inherent jurisdiction under Section 482 Cr.P.C. can be invoked to quash proceedings for Section 498A IPC based solely on filing of divorce petition.
Whether personal appearance of elderly petitioner before Magistrate is mandatory.
Whether dismissal of quashing petition affects right to claim discharge or acquittal later.
3 provisions across 2 enactments
VIBHUDEVAN NAIR
RAJAMMA
VASUDEVAN NAIR
SINDHU RANI L.
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
