Allowed

Jimmy and Others v. Leema and Others

Kerala HC17 Jun 2009Crl.MC/1713/2009

Case brief

AI extract

What is this about?

The High Court of Kerala, in a Criminal Miscellaneous Case, exercised its inherent powers under Section 482 CrPC to quash a criminal proceeding under Section 498A IPC. The quashing was based on a settlement between the parties and a prior Family Court judgment granting divorce to the complainant.

What did the court decide?

Criminal Case No. 5/2007 on the file of Judicial First Class Magistrate Court, Alathur, is quashed.

Jimmy and Others Vs Leema and Others — Criminal Trial and Appeal | Kerala HC (2009)

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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 M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931

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Crl.MC.No. 1713 of 2009()

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------------------------CC.5/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR

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PETITIONERS/ ACCUSED 1 TO 4:

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1. SHRI.JIMMI, AGED 38,

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S/O.PADMAKSHAN, KALLIKATTU HOUSE, PARANATTUKUNNU DESOM, MALA P.O., THRISSUR DISTRICT.

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2. SHRI. PADMAKSHAN, AGED 68, KALLIKATTU HOUSE, PARANATTUKUNNU DESOM, MALA P.O., THRISSUR DISTRICT.

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3. SMT.SUSHEELA, AGED 58, W/O.PADMAKSHAN, KALLIKATTU HOUSE, PARANATTUKUNNU DESOM, MALA P.O.,THRISSUR DISTRICT.

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4. SHRI. JOY, AGED 40, S/O.PADMAKSHAN, KALLIKATTU HOUSE, PARANATTUKUNNU DESOM, MALA P.O., THRISSUR DISTRICT.

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BY ADV. SRI.M.H.HANIL KUMAR

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RESPONDENTS / COMPLAINANT/STATE:

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1. LEEMA, AGED 30, D/O.KUTTAPPAN, KANDAMKULANGARA HOUSE, KUNDUKAD DESOM, AYILOOR, PALAKKAD DISTRICT.

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2. SUB INSPECTOR OF POLICE, NENMARA POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.

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3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.

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R1 BY ADV. SRI.T.RAJASEKHARAN NAIR R2 & R3 BY PUBLIC PROSECUTOR SRI. P.RAVEENDRA BABU

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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kkms/

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M.SASIDHARAN NAMBIAR, J.

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==================== Crl.M.C. No. 1713 of 2009-D ====================

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Dated this the 17^th day of June, 2009.

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O R D E R

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Petitioners are accused in C.C.No.5/2007 on the file of

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Judicial First Class Magistrate Court, Alathur. The case against them is that they committed an offence under Section 498A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that there was a settlement of all the disputes between petitioners and first respondent, the defacto complainant, and therefore there is no necessity to proceed with the case. Along with the petition Annexure B judgment of the Family Court, Palakkad, wherein the petition for divorce filed by first respondent against the petitioner was allowed and Annexure C affidavit of first respondent reiterating the settlement were also produced.

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Crl.M.C.No.1713/2009-D

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Learned Counsel appearing for the first

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respondent and learned Counsel appearing for the petitioner submitted that in view of the settlement of the disputes, first respondent has no intention to prosecute the case further. In such circumstances, no purpose will be served by undergoing the ordeal of a trial.

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Petition is allowed. C.C.No.5/2007 on the file of Judicial First Class Magistrate Court, Alathur is quashed.

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M.SASIDHARAN NAMBIAR JUDGE

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dkr

Jimmy and Others v. Leema and Others

Case brief

What is this about?

What did the court decide?

Jimmy and Others v. Leema and Others

Case brief

What is this about?

What did the court decide?

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