The High Court of Kerala quashed criminal proceedings involving multiple accused in a domestic dispute case after the parties reached a settlement, invoking the inherent powers under Section 482 Cr.P.C. to prevent an avoidable irritant.
Criminal Case No.153 of 2006 pending before the Judicial First Class Magistrate Court, Tirur stands quashed.
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 V.RAMKUMAR
MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932
Crl.MC.No. 1211 of 2010()
CC.153/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR
PETITIONER(S): ACCUSED 1 TO 8
CRMC NO.1211/2010
2
BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH
RESPONDENT(S):
PUBLIC PROSECUTOR SRI.C.S.HRITHWICK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = = = = = = Crl.M.C.No.1211 of 2010
= = = = = = = = = = = = = = = = == Dated: 17.05.2010
ORDER
Petitioners, who are the husband of the de facto complainant and relatives of the husband are the accused in C.C. No.153 of 2006 on the file of the J.F.C.M, Tirur for offences punishable under Sections 143,147,148,448,323,324 and 427 read with 149 I.P.C.
Accordingly, this Criminal Miscellaneous Case is allowed. C.C.No.153 of 2006 pending before the Judicial First Class Magistrate Court, Tirur shall stand quashed.
V. RAMKUMAR, (JUDGE).
sj
1 issue framed by the court
Whether the criminal prosecution under Section 482 Cr.P.C. should be quashed in view of the subsequent settlement of the dispute between the marital parties.
1 provisions across 1 enactments
ACCUSED 1 TO 8
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
