Rias v. Sameera
Case brief
What is this about?
High Court allowed Criminal Miscellaneous Application and quashed trial proceedings in C.C. No. 153/2006. The pending charges were under Sections 498A and 406 of IPC arising from a matrimonial dispute. Court noted the dispute was settled and parties decided to separate amicably
What did the court decide?
Criminal Miscellaneous Application allowed. Entire proceedings in C.C. No. 153/2006 before Magistrate Court quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930
Crl.MC.No. 541 of 2009() --------------------------------CC.153/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE ....................
PETITIONERS/ACCUSED:
-----------------------------------
1. RIAS, S/O. ASSANKUTTY, ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE.
2. NAVAS, S/O. ASSANKUTTY ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE.
3. ASSANKUTTY, S/O. ALIKUTTY ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE.
4. KADEESAKUTTY, ATHIKKAL HOUSE, GOTHEESWARAM, P.O.BEPPUR KOZHIKODE.
BY ADV. MR.P.V.KUNHIKRISHNAN
Issues for consideration
2 issues framed by the court
Whether Criminal Miscellaneous Application should be allowed to quash proceedings in a matrimonial dispute where parties have settled
Whether the facts show that it is a proper case for invoking powers under Section 482 of the CrPC despite pending trial charges
Parties & counsel
- petitioner
Rias
- petitioner
Navas
- petitioner
Assankutty
- petitioner
Kadeesakutty
- respondent
Sameera
- respondent
Case details
As recorded by the court registry
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